Merritt v. Byers
Supreme Court of Minnesota
Action brought in the district court for Sherburne county, to foreclose the $2,000 mortgage, bearing date October 27, 1884, which is considered in the opinion, the plaintiff also alleging a mistake in the deed of October 18,1886, from plaintiff to- Higbee and Clark, in failing to make all its covenants (as well, as. that against incumbrances) subject to an exception of such mortgage: The action was tried by Hooker, J., who ordered judgment for defendants.
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Action brought in the district court for Sherburne county, to foreclose the $2,000 mortgage, bearing date October 27, 1884, which is considered in the opinion, the plaintiff also alleging a mistake in the deed of October 18,1886, from plaintiff to- Higbee and Clark, in failing to make all its covenants (as well, as. that against incumbrances) subject to an exception of such mortgage: The action was tried by Hooker, J., who ordered judgment for defendants. The plaintiff appeals from an order refusing a new trial.
1Opinion of the Court
Dickinson, J.1
This is an action to foreclose a mortgage. This relief was denied, and the plaintiff appealed from an order refusing *75a new trial. The mortgage was executed by the plaintiff and his wife, he being the owner of the land, to one Whitcomb, in 1885, to secure the plaintiff's promissory note for $2,000. After that the title passed, through mesne conveyances, to the plaintiff’s wife. In 1886, the plaiiitiff’s wife then owning the premises, the same were conveyed by warranty deed, in which her husband, the plaintiff, joined, to Clark and Higbee. - This deed contained the covenants of…
2Cases cited10 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Gibson v. LyonSupreme Court of the United States · 1885
- Calkins v. CopleySupreme Court of Minnesota · 1882
- Baker v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Rooney v. KoenigSupreme Court of Minnesota · 1900
- National Investment Co. v. NordinSupreme Court of Minnesota · 1892
- Born v. BentleySupreme Court of Oklahoma · 1952
1 more not listed; retrieve them via the Exa API.