Falconer v. Cochran
Supreme Court of Minnesota
Appeal by defendant Allan Black from a judgment for plaintiff entered in the district court for Ramsey county, after a trial before Otis, J. Where in an action to foreclose a mechanic’s lien, a mortgagee appears by attorney without authority, and where in such action a court of competent jurisdiction finds, after a trial on the merits, that such mechanic’s lien claim is in fact prior to such mortgagee’s interest, a court of equity will not reform such mortgage in a…
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Appeal by defendant Allan Black from a judgment for plaintiff entered in the district court for Ramsey county, after a trial before Otis, J. Where in an action to foreclose a mechanic’s lien, a mortgagee appears by attorney without authority, and where in such action a court of competent jurisdiction finds, after a trial on the merits, that such mechanic’s lien claim is in fact prior to such mortgagee’s interest, a court of equity will not reform such mortgage in a subsequent action by the mortgagee for that purpose, so as to defeat such mechanic’s lien claim. Up to the time of the…
1Opinion of the CourtMitchell, J.
Action to foreclose a mortgage, commenced in July, 1896. There being neither a “case” nor bill of exceptions, the only question presented by the record is whether the conclusions of law and order for judgment are supported by the findings of fact.
The material facts found are, briefly, as follows: The plaintiff is the sole executor of the estate of Martha Falconer, of New York, deceased. On June 19, 1893, the defendant Silas B. Walsh executed to the plaintiff, by the name or title “Estate of Mary Falconer,” the mortgage sought to be foreclosed. In May, 1894, the defendant Bláck brought an…
2Cases cited3 opinions
- Smith v. HurdSupreme Court of Minnesota · 1892
- Maylone v. City of St. PaulSupreme Court of Minnesota · 1889
- Corser v. KindredSupreme Court of Minnesota · 1889
3Cited by10 opinions
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Continental & Commercial Trust & Savings Bank v. Pacific Coast Pipe Co.Court of Appeals for the Ninth Circuit · 1915
- Bauman v. MetzgerSupreme Court of Minnesota · 1920
- Paramount Securities Co. v. DazeCalifornia Court of Appeal · 1933
- Frates v. SearsCalifornia Supreme Court · 1904
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