Lang v. Ferrant
Supreme Court of Minnesota
Appeal by plaintiff, William H. Lang, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 20, 1898, denying his motion for a new trial. On August 29, 1881, plaintiff sold and conveyed to defendant, Emil Ferrant, 'lot four (4) in block six (6) in Oak Lake Addition to Minneapolis, subject to a mortgage for $1,600 given by plaintiff to Mary Scott and David Crim. By a clause in the deed the grantee was to assume and pay this incumbrance.
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Appeal by plaintiff, William H. Lang, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 20, 1898, denying his motion for a new trial. On August 29, 1881, plaintiff sold and conveyed to defendant, Emil Ferrant, 'lot four (4) in block six (6) in Oak Lake Addition to Minneapolis, subject to a mortgage for $1,600 given by plaintiff to Mary Scott and David Crim. By a clause in the deed the grantee was to assume and pay this incumbrance. Ferrant’s father made the purchase, paid the balance of the consideration and had the lot deeded to his son Emil, as a gift…
1Opinion of the CourtGtlfillan, C. J.
On June 30, 1882, plaintiff conveyed to defendant, Emil Ferrant, a lot in Minneapolis, subject to a mortgage previously executed by plaintiff to secure notes made by him, which the grantee assumed and agreed to pay as part of the consideration for the conveyance.
Of course, as a basis for the right of subrogation to the lien of the mortgagee, to establish which, and to enforce the mortgage, this action is brought, it must be shown that plaintiff paid the mortgage. The court below found as a fact that he did not pay the mortgage. If he did not, it is immaterial who did, and immaterial that the…
2Cases cited1 opinion
- Hawkins v. SaubySupreme Court of Minnesota · 1892
3Cited by10 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Mitchell v. MitchellSupreme Judicial Court of Maine · 1940
- Havel v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Russell v. O'ConnorSupreme Court of Minnesota · 1912
- Bryant v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946
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