Lewis v. Babcock
Supreme Court of Minnesota
Action, in the district court for Mower county to cancel a real estate mortgage. The facts are fully stated in the opinion. From an order, Catherwood, J., granting his motion to dismiss C. S. Babcock as a party and setting aside the order of April 37, 1931, making him an additional party to the action and requiring him to reply to defendant’s answer, C. S. Babcock appealed.
1Opinion of the Court
IÍALLAM, J.
Plaintiffs sued to cancel a real estate mortgage for $3,300, held by defendant upon land in Mower county. In their complaint they allege that they became owners of the land through a deed from Anna Steinkuehler, duly recorded; that the deed recited that it was subject to a mortgage for $9,000 and another for $7,680 running to plaintiff; that defendant’s mortgage was dated before but not recorded until after plaintiffs’ deed; that, in reliance on the record, plaintiffs satisfied the $7,680 mortgage; that plaintiffs were purchasers in good-faith for value without notice of…
2Cases cited5 opinions
- Winslow v. . ClarkNew York Court of Appeals · 1872
- Clay County Land Co. v. AlcoxSupreme Court of Minnesota · 1902
- Bennett v. MurtaughSupreme Court of Minnesota · 1873
- Crosby v. Scott-Graff Lumber Co.Supreme Court of Minnesota · 1904
- Swenson v. Split Rock Civil TownshipSouth Dakota Supreme Court · 1917
3Cited by4 opinions
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Lincoln Securities Co. v. Poppe, Inc.Supreme Court of Minnesota · 1926
- Luethi v. StankoSupreme Court of Minnesota · 1953