McCausland v. West Duluth Land Co.
Supreme Court of Minnesota
Appeal'by West Duluth Land Company, one of the defendants, from a judgment of the District Court of St. Louis County, Baxter, J., entered July 20, 1892. September 3, 1890, the appellant was the owner of Lot 17, Block 203, Third Division, West Duluth. On that day it entered into a contract for the sale of this land to Frank Eiggin, and put him in possession.
Read the full summary
Appeal'by West Duluth Land Company, one of the defendants, from a judgment of the District Court of St. Louis County, Baxter, J., entered July 20, 1892. September 3, 1890, the appellant was the owner of Lot 17, Block 203, Third Division, West Duluth. On that day it entered into a contract for the sale of this land to Frank Eiggin, and put him in possession. May 3, 1891, pursuant to the contract, the appellant executed and delivered to Eiggin a warranty deed to the property, and Eiggin, to secure part of the purchase money, executed and delivered to appellant a mortgage thereon. The deed and…
1Opinion of the CourtGilfillan, C. J.
The West Duluth Land Company was the owner of the land, and September 3, 1890, made a contract in writing to convey it to Eiggin, and pursuant thereto it conveyed to him May 3, 1891, and at the same time he executed to it a mortgage for a part of the purchase price. Between the two dates the various liens accrued. The question is, which takes priority, the mortgage or the liens ?
The contract to convey was not contingent on, and did not provide for, the erection of the building, so that the case did not at any time come within Laws 1889, ch. 200, § 4. And the court below finds that the…
2Cases cited1 opinion
- Wheaton v. BergSupreme Court of Minnesota · 1892
3Cited by7 opinions
- Berglund & Peterson v. AbramSupreme Court of Minnesota · 1921
- New Prague Lumber & Readi-Mix Co. v. BastyrSupreme Court of Minnesota · 1962
- Stravs v. SteckbauerSupreme Court of Minnesota · 1917
- Anderson v. HarrisonSupreme Court of Minnesota · 1968
- Fauser v. McElroySupreme Court of Minnesota · 1923
2 more not listed; retrieve them via the Exa API.