Fitzgerald v. Hennepin County Catholic Building & Loan Ass'n
Supreme Court of Minnesota
Appeal by defendant, the Hennepin County Catholic Building and Loan Association, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered May 31, 1893. This action was brought by Maurice Fitzgerald, plaintiff, under 1878 G. S. ch. 75, § 2, to determine the adverse claim of defendant to a lien upon lot five (5) in block (4) in Wolford, Sidle & Eeid’s Addition to St. Anthony.
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Appeal by defendant, the Hennepin County Catholic Building and Loan Association, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered May 31, 1893. This action was brought by Maurice Fitzgerald, plaintiff, under 1878 G. S. ch. 75, § 2, to determine the adverse claim of defendant to a lien upon lot five (5) in block (4) in Wolford, Sidle & Eeid’s Addition to St. Anthony. Defendant answered that it held an unpaid mortgage on the lot nominally for $1,600, given to it April 28, 1884, by plaintiff and wife, to secure the repayment of $775.20 loaned by it to him…
1Opinion of the CourtMitchell, J.
As this ease was submitted on the agreed statement of facts, which constitutes the findings of the court, the only question is whether the findings of fact justified the conclusions of law.
There is nothing in plaintiff’s contention that defendant is not a building society, and hence not authorized to take a premium for a preference or priority of loans. It is true that building associations are the creatures of statute. It is also true that 1878 G-. S. ch. 34, Title 2, under which defendant was organized, does not define or outline the powers of building associations. But the general…
Also in this document: Per curiam.
2Cases cited1 opinion
- Nippolt v. Firemen's Ins.Supreme Court of Minnesota · 1894
3Cited by6 opinions
- State ex rel. Ausdemore v. Catholic Welfare Ass'nSupreme Court of Minnesota · 1951
- Larson v. TwetenSupreme Court of Minnesota · 1932
- McDonough v. Hennepin County Catholic Building & Loan Ass'nSupreme Court of Minnesota · 1895
- LeMire v. NelsonSupreme Court of Minnesota · 1953
- Mickelson v. Duluth Building & Loan Ass'nSupreme Court of Minnesota · 1897
1 more not listed; retrieve them via the Exa API.