Schill v. Korthof
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to foreclose a mortgage. Lulu V. Forsyth answered, alleging that she was the sole owner and in possession of the premises. The ease was tried before Leary, J., who made findings and ordered judgment in favor of defendants.
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Action in tbe district court for Hennepin county to foreclose a mortgage. Lulu V. Forsyth answered, alleging that she was the sole owner and in possession of the premises. The ease was tried before Leary, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion to strike out the findings and conclusions and making in lieu thereof findings, conclusions and an order for judgment as set forth in his notice of motion, or for a new trial, plaintiff appealed.
1Opinion of the Court
Dibell,, J.
Action to foreclose a mortgage. There were findings for the defend*444ants and tbe plaintiff appeals from the order denying his motion for a new trial.
1. The controversy is between the plaintiff Schill and the defendant Forsyth.
August 11, 1913, defendant Steele, the owner, gave Schill a mortgage for $1,200.
January 27, 1914, Steele gave Forsyth a mortgage for $800 on the same property. This mortgage was by its terms subject to the $1,200 Schill mortgage.
On March 11, 1914, one Hicks filed a mechanic’s lien. The lien dated from June 13, 1913. It was prior to both mortgages, unless facts…
2Cases cited6 opinions
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Malmgren v. PhinneySupreme Court of Minnesota · 1892
- Pamperin v. ScanlanSupreme Court of Minnesota · 1881
- Close v. StuyvesantIllinois Supreme Court · 1890
- Moore v. PenneySupreme Court of Minnesota · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grise v. WhiteMassachusetts Supreme Judicial Court · 1969
- Thompson v. First National BankSupreme Court of Minnesota · 1930
- Dunn v. WolfWashington Supreme Court · 1929
- Cole v. HughesSupreme Court of Minnesota · 1928