Banning v. Bradford
Supreme Court of Minnesota
Action to foreclose a mortgage ujion Lot 7, in Block 128, and Lot 8, in Block 129, in Minneapolis, made by the defendant Bradford, the complaint alleging as to the other defendants that they “claim some estate or interest in said mortgaged premises, accruing subsequent to the lien of said mortgage.” Bradford did not answer the complaint.
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Action to foreclose a mortgage ujion Lot 7, in Block 128, and Lot 8, in Block 129, in Minneapolis, made by the defendant Bradford, the complaint alleging as to the other defendants that they “claim some estate or interest in said mortgaged premises, accruing subsequent to the lien of said mortgage.” Bradford did not answer the complaint. Goodrich, one of the defendants, in his separate answer, alleges “that at the time of the execution of the mortgage, * * * said Bradford had no right, title or interest in or to Lot 7, * * * and that said Bradford has not now nor ever has had any right, title…
1Opinion of the CourtYoung, J.
It is unnecessary to consider the grounds upon which this application for a new trial is based, or those on Avliicli it is opposed; for ave are of opinion that upon the admitted facts of this case, neither party to this appeal has any cause of action against the other.
The appellant’s mortgage, upon which this action is founded, was not a conveyance of any estate or interest in the land *310in question. It was merely an executed contract between tbe appellant and Bradford, the mortgagor, whereby the former obtained a lien upon the estate of the latter, but no-estate or interest in the land itself.…
2Cases cited11 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Frost v. . KoonNew York Court of Appeals · 1864
- Corning v. . SmithNew York Court of Appeals · 1851
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3Cited by21 opinions
- Randle v. BoydSupreme Court of Alabama · 1882
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- McClanahan's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1918
- Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
- California Safe Deposit & Trust Co. v. Cheney Electric Light, Telephone & Power Co.Washington Supreme Court · 1895
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