Howard v. Burns
Supreme Court of Minnesota
Action in the district court for Hennepin county to have a certain mortgage declared paid and satisfied, and to have a foreclosure thereof declared void. The cause was tried before Lancaster, J., without a'jury, who found for defendant. From an order denying plaintiff’s motion for a new trial, she appealed. It is not necessary that the holder of a mortgage should have actual notice of the equities of a purchaser of a portion of the mortgaged premises.
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Action in the district court for Hennepin county to have a certain mortgage declared paid and satisfied, and to have a foreclosure thereof declared void. The cause was tried before Lancaster, J., without a'jury, who found for defendant. From an order denying plaintiff’s motion for a new trial, she appealed. It is not necessary that the holder of a mortgage should have actual notice of the equities of a purchaser of a portion of the mortgaged premises. All that such purchaser need show is that the mortgagee, when he released a portion of the mortgaged premises from the lien of the mortgage,…
1Opinion of the CourtCanty, J.
On December 1, 1881, one Jordan was the owner of 50 lots in a certain platted addition in Minneapolis, and on that day mortgaged all of the same to one Beard to secure the payment of the sum of $10,000, then owing by Jordan to Beard. On January 13, 1882, Beard assigned the mortgage to one Jones. On January 26, 1890, Jones died intestate, and on August 17, 1897, his administrator assigned the mortgage to defendant.
On May 12,1882, Jordan executed to Beard a second mortgage on some of the lots, which mortgage was a specific lien for $100 on one of said lots, to wit, lot 8 in block 9. On said May…
2Cases cited4 opinions
- Dewey v. IngersollMichigan Supreme Court · 1879
- Groesbeck v. MattisonSupreme Court of Minnesota · 1890
- Mitchell v. RichmondSupreme Court of Pennsylvania · 1894
- Hall v. EdwardsMichigan Supreme Court · 1880
3Cited by7 opinions
- Continental Supply Co. v. MarshallCourt of Appeals for the Tenth Circuit · 1945
- Sucker State Drill Co. v. WirtzNorth Dakota Supreme Court · 1908
- Minneapolis Investment Co. v. National Security Investment Co.Supreme Court of Minnesota · 1929
- Gandrud v. HansenSupreme Court of Minnesota · 1941
- Bowers v. NortonSupreme Court of Minnesota · 1928
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