Emmert v. Thompson
Supreme Court of Minnesota
Appeal by plaintiff, Joseph Emmert, from so much of a judgment of the District Court of Nobles County, P. E. Brown, J., entered October 19, 1891, as adjudged that defendant Cornwell be first paid $1,434.82 and interest out of the proceeds of the sale of the land described.
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Appeal by plaintiff, Joseph Emmert, from so much of a judgment of the District Court of Nobles County, P. E. Brown, J., entered October 19, 1891, as adjudged that defendant Cornwell be first paid $1,434.82 and interest out of the proceeds of the sale of the land described. This action was brought to foreclose a mortgage given by William Marr and Ellen, his wife, to H. L. Emmert, plaintiff’s brother, January 19, 1886, upon the northeast quarter of Section fourteen (14) and the west half of the southwest quarter of Section thirteen (13) in Township one hundred and one (101) north, of Range…
1Opinion of the CourtCollins, J.
When the loan of money was made by defendant Cornwell to defendant Marr, to secure which, as agreed .upon, the latter mortgaged his entire farm, consisting of two hundred and forty acres, it was for the stipulated purpose of relieving one tract, (one hundred and sixty acres) from the trust deed held by Ormsby, the balance (eighty acres) from the Hayes mortgage, and the entire farm from delinquent taxes. The trust deed, the mortgage last referred to, and the taxes were represented to be, and in fact were, first liens upon the premises; and Cornwell believed — and it was implied from what Marr…
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