Morey v. City of Duluth
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining demurrer to the complaint. A mortgagor cannot bind a mortgagee by any contract or deed prejudicial to his interest. He cannot create an easement in the land to the prejudice of the rights of the mortgagee, neither can he by any arrangement between himself and third persons affect the mortgagee’s lien or prevent it from operating to the full extent conferred by the mortgage.
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Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining demurrer to the complaint. A mortgagor cannot bind a mortgagee by any contract or deed prejudicial to his interest. He cannot create an easement in the land to the prejudice of the rights of the mortgagee, neither can he by any arrangement between himself and third persons affect the mortgagee’s lien or prevent it from operating to the full extent conferred by the mortgage. The mortgagor cannot dedicate any portion of the mortgaged premises to public use so as to destroy or release the mortgage…
1Opinion of the CourtMitchell, J.
This is an appeal from an order sustaining the demurrers of the several defendants to the complaint on the ground that it does not state a cause of action. The material allegations of the complaint are that in August, 1890, one Sherwood, being the owner of an unplatted 10-acre tract of land in the city of Duluth, executed to plaintiff a mortgage thereon to secure the payment of $10,000 and interest, which was duly recorded; that in April, 1891, the city of Duluth obtained from Sherwood a deed of a strip 60 feet wide over and across this land, and proceeded to establish, open, and improve a…
2Cases cited1 opinion
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
3Cited by7 opinions
- Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
- Monese v. StruveOregon Supreme Court · 1936
- Morey v. City of DuluthSupreme Court of Minnesota · 1899
- Crystal River Lumber Co. v. Knight Turpentine Co.Supreme Court of Florida · 1915
- Johns v. WilsonArizona Supreme Court · 1898
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