Conner v. Howe
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to determine the adverse claims of the defendants to certain land. The defendants Howe, Rust, and Gale answered, alleging the execution and delivery of the Howe mortgage mentioned in the opinion, and the payment thereof by Rust and Gale, and asked that that mortgage be decreed to be a valid and subsisting lien upon the land in question.
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Plaintiff brought this action in the district court for Hennepin county, to determine the adverse claims of the defendants to certain land. The defendants Howe, Rust, and Gale answered, alleging the execution and delivery of the Howe mortgage mentioned in the opinion, and the payment thereof by Rust and Gale, and asked that that mortgage be decreed to be a valid and subsisting lien upon the land in question. The action was tried without a jury, before Young, J., who found the facts as recited in the opinion, and directed judgment for the defendants, from which the plaintiff appeals.
1Opinion of the CourtBerrv, J.
This is the statutory action to determine an adverse claim. The plaintiff rests upon his admitted possession alone. The defendants Howe, Rust, and Gale claim a lien upon the premises in controversy under the state of facts following: Carson, then owner of the property, on March 23, 1874, mortgaged it to Eliza T. Shoemaker to secure $6,000. Default having been made in its condition, the mortgage was duly foreclosed by advertisement on May 15, 1877, and a duly executed and acknowledged certificate of sale delivered to the purchaser, R. H. Shoemaker, and duly recorded June 2d following. On May…
2Cases cited8 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Heim v. VogelSupreme Court of Missouri · 1879
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Lumpkin v. MillsSupreme Court of Georgia · 1848
- Allison v. ArmstrongSupreme Court of Minnesota · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chergosky v. Crosstown Bell, Inc.Supreme Court of Minnesota · 1990
- Labbe v. BernardMassachusetts Supreme Judicial Court · 1907
- Core v. SmithSupreme Court of Oklahoma · 1909
- Lundberg v. Northwestern Nat. Bank of MinneapolisSupreme Court of Minnesota · 1974
- Probstfield v. CzizekSupreme Court of Minnesota · 1887
7 more not listed; retrieve them via the Exa API.