Legal Opinion

Farmers Trust Co. v. Prudden

Supreme Court of Minnesota

Decided July 5, 1901No. Nos. 12,641—(171)PublishedCited by 15 opinions

Appeal by defendants from an order of the district court for St. Louis county, Cant, J.. denying a motion for a new trial.

1Opinion of the CourtLewis, J.

This action is brought by a mortgagee to foreclose a lien upon certain rents, which instrument was executed by appellants for the purpose of securing the amount due upon a prior mortgage given on the property upon which the buildings were situated. The defense was that this instrument was executed without con*127sideration, and was obtained by the unfair and oppressive conduct of the mortgagee.

The trial court found substantially as follows: That the original mortgage was for $17,500, payable April 1, 1897; that on June 15, 1897, the property had deteriorated in value, and was worth no more than…

2Cases cited3 opinions

  1. Cargill v. ThompsonSupreme Court of Minnesota · 1894
  2. Sexton v. . BreeseNew York Court of Appeals · 1892
  3. Harris v. LessterAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by15 opinions

  1. Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
  2. G.G.C. Co. v. First National Bank of St. PaulSupreme Court of Minnesota · 1979
  3. Capital Realty Investor Tax Exempt Fund Ltd. Partnership v. Greenhaven Village Apartments of Burnsville Phase II Ltd. Partnership (In Re Greenhaven Village Apartments of Burnsville Phase II Ltd. Partnership)United States Bankruptcy Court, D. Minnesota · 1989
  4. New York Life Insurance v. Bremer TowersDistrict Court, D. Minnesota · 1989
  5. Cross Companies v. Citizens Mortgage Investment TrustSupreme Court of Minnesota · 1975

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