Hamlin v. Parsons
Supreme Court of Minnesota
This action was brought in the district court for Stearns county: issue was joined, and the cause tried before the court without a jury.
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This action was brought in the district court for Stearns county: issue was joined, and the cause tried before the court without a jury. The facts, so far as material to' the points decided as found by the court are substantially as follows: On the 5th day of May, 1861, the plaintiff sold and conveyed to the defendant, William J. Parsons, lot 6 in block 101, Lowry’s Addition to St. Cloud, upon which was a dwelling house, and for a portion of the purchase money said Parsons executed to the plaintiff two promissory notes, secured by a mortgage, executed by defendants to plaintiff, upon said…
1Opinion of the Court
By the Cov/rt
Berry, J.
The mortgage upon which this action is founded covered lot six only, and the fact that the house situated on said lot when the mortgage was executed was subsequently removed to lot seven, wouldhaveno tendency to extend the lien of the mortgage to the latter lot; nor do we perceive how the judgment in this case could be made a lien upon lot seven ; nor with what propriety lot seven could be ordered to be sold in satisfaction of the mortgage debt. This view of the matter seems to be acquiesced in by the counsel for defendants in error in their brief. So far as the house…
2Cases cited3 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Mooers v. WaitNew York Supreme Court · 1829
- Laflin v. GriffithsNew York Supreme Court · 1860
3Cited by8 opinions
- Kay County Gas Co. v. BryantSupreme Court of Oklahoma · 1928
- Mills v. PopeMontana Supreme Court · 1931
- Sanford v. KunkelUtah Supreme Court · 1906
- Warner v. KenningSupreme Court of Minnesota · 1878
- Dakota Loan & Trust Co. v. ParmaleeSouth Dakota Supreme Court · 1894
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