Olson v. Hanson
Supreme Court of Minnesota
Appeal by plaintiff from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial. Purchasing subject to the mortgage estops the vendee from denying its validity.
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Appeal by plaintiff from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial. Purchasing subject to the mortgage estops the vendee from denying its validity. Johnson v. Thompson, 129 Mass. 398; Freeman v. Auld, 44 N. Y. 50; Alt v. Banholzer, 36 Minn. 57; Moffett v. Parker, 71 Minn. 139; Calkins v. Copley, 29 Minn. 471. See also Tolbert v. Horton, 31 Minn. 518; Stevens v. McMillin, 37 Minn. 509. The assignee having elected to treat the mortgage as a valid lien, it stands good as between the parties to it. Freeland v. Freeland, 102 Mass. 475; Tuite v.…
1Opinion of the CourtCollins, J.
Action in claim and delivery, tried by the court without a jury, in which, on findings of fact that plaintiff was not the owner of the property at the commencement of the action, and was not entitled to its possession, and that its value was $100, judgment was ordered in defendant’s favor. This appeal is from an order denying plaintiff’s motion for a new trial.
The plaintiff’s claim of title was based upon a chattel mortgage duly executed and acknowledged November 9, 1896, by one Bjelland, then the owner and in possession of the property, and duly filed November 14 of the same year, given to…
2Cases cited1 opinion
- New Prague Milling Co. v. SchreinerSupreme Court of Minnesota · 1897