Whittacre v. Fuller
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OE RAMSEY COUNTY., Points and Authorities of Appellants, Whittacre and Star-buck. First. — 1st. The extension of the time for payment of the $3,000 note, by the agreement of February 13, 1856, did not discharge or affect the lien of the mortgage. It could be discharged only by payment or release. 1 Hilliard on Mort. 307 — -309, 315, 324, and oases cited: 3 Ba/rb. Oh.
Read the full summary
APPEAL FROM THE DISTRICT COURT OE RAMSEY COUNTY., Points and Authorities of Appellants, Whittacre and Star-buck. First. — 1st. The extension of the time for payment of the $3,000 note, by the agreement of February 13, 1856, did not discharge or affect the lien of the mortgage. It could be discharged only by payment or release. 1 Hilliard on Mort. 307 — -309, 315, 324, and oases cited: 3 Ba/rb. Oh. Hep. 293, Bcmk, (&o., vs. Finch; 31 Maine Rep. 296, Haddock vs. Bullfinch; 8 Pick. Pep. 522, Watkms vs. Hill; 14 Com. Ref. ■ 334, Pond vs. Ola/rk; 9 Mass. Rep. 247, Pavis vs. Maynard. 2d. —…
1Opinion of the Court
By the Court
Atwater, J.
These are actions by different mortgagees to foreclose separate mortgages given by Fuller at different times, and embracing in the main tbe same property. In each case tbe mortgagor, and all incumbran-cers of record, other than plaintiffs, are made defendants. In tbe action in which Hayes is Plaintiff, and which was first commenced, Whittacre and Starbuck interpose their equities and claim by way of answer, and in that afterwards commenced by Whittacre and Starbuck, Hayes sets up her equities in the same manner. The equities and claims of the Defendant, Emmett, who…
2Cases cited6 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Jackson ex dem. Tuthill v. DuboisNew York Supreme Court · 1809
- Stuart v. KissamNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- George v. ButlerWashington Supreme Court · 1901
- Johnston v. Lasker Real Estate Ass'nCourt of Appeals of Texas · 1893
- Martin v. LennonSupreme Court of Minnesota · 1872
- Carson v. CochranSupreme Court of Minnesota · 1892
- Smith v. BushSupreme Court of Oklahoma · 1935
7 more not listed; retrieve them via the Exa API.