Nazro v. Ware
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Jackson county, 'praying that a real-estate mortgage for $700, bearing date September 17, 1872, but in fact executed June 20, 1873, and recorded on the .same day, running from defendant Wilbur S. Kimball to defendant Ware, (then and since a resident of Iowa,) be cancelled; that defendant Ware be enjoined-from foreclosing it, and barred from claiming .any lien upon the land; and that plaintiff be adjudged to be owner in…
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Plaintiff brought this action in the district court for Jackson county, 'praying that a real-estate mortgage for $700, bearing date September 17, 1872, but in fact executed June 20, 1873, and recorded on the .same day, running from defendant Wilbur S. Kimball to defendant Ware, (then and since a resident of Iowa,) be cancelled; that defendant Ware be enjoined-from foreclosing it, and barred from claiming .any lien upon the land; and that plaintiff be adjudged to be owner in fee of the premises free from incumbrances. Kimball, on June 20, 1873, was indebted to plaintiff’s grantor, John Nazro,…
1Opinion of the CourtMitchell, J.
Plaintiff’s twenty assignments of error involve, really, only two questions: (1) Was there a delivery of the Ware mortgage before Kimball, the mortgagor, was adjudged a bankrupt? and (2) was the debt intended to be secured so misdescribed in the mortgage as to render it void as to creditors and subsequent purchasers, or might the identity of this debt be established by parol evidence ?
1. No particular ceremony is necessary to the delivery of a deed. It may consist in an act without words, or in words without any act; and, if in words, it is immaterial whether they are spoken or written.…
2Cases cited7 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Conlan v. GraceSupreme Court of Minnesota · 1886
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Berry v. O'ConnorSupreme Court of Minnesota · 1884
- Minor v. SheehanSupreme Court of Minnesota · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lee v. FletcherSupreme Court of Minnesota · 1891
- Equitable Building & Loan Ass'n v. KingSupreme Court of Florida · 1904
- Kenneally v. Standard Electronics Corp.Court of Appeals for the Eighth Circuit · 1966
- Barnard v. ThurstonSupreme Court of Minnesota · 1902
- Hooper v. VanstrumSupreme Court of Minnesota · 1904
9 more not listed; retrieve them via the Exa API.