Lash v. Edgerton
Supreme Court of Minnesota
The plaintiff in this action claimed to be the owner in fee simple under title by purchase upon foreclosure of a mortgage executed to hipa by one Folsom. Defendants also claimed title to the same premises, by purchase at the sale upon foreclosure of a prior mortgage, executed by said Folsom to their testator.
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The plaintiff in this action claimed to be the owner in fee simple under title by purchase upon foreclosure of a mortgage executed to hipa by one Folsom. Defendants also claimed title to the same premises, by purchase at the sale upon foreclosure of a prior mortgage, executed by said Folsom to their testator. The plaintiff alleging that this prior mortgage had been fully paid and satisfied beforeforeclosure, brought this action in the District Court'for "Washington county, to quiet his title and have the foreclosure proceedings under said prior mortgage declared void, and the certificate of…
1Opinion of the CourtBerry, J.
By the Court The referee before whom this action was tried finds as matters' of fact: ¿that on and prior to the 31st day of October, 1856, S.SP.^Folsom was owner in fee simple of certain lands, and on said 31st day of October executed and delivered to G. H. Edgerton a mortgage thereon, “ conditioned that if the said Simeon P. Folsom should pay *214or cause to be paid to said Gurdon H". Edgerton, his heirs, executors, administrators or assigns, the sum of two thou-. sand two hundred and eighty dollars, according to the conditions of two promissory notes, one for the sum of twelve hundred and…
2Cases cited3 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Whittacre v. FullerSupreme Court of Minnesota · 1861
- Solomon v. DreschlerSupreme Court of Minnesota · 1860
3Cited by9 opinions
- Gardner v. LeckSupreme Court of Minnesota · 1893
- Hersey v. BennettSupreme Court of Minnesota · 1881
- Rien, Trustee, Etc. v. CooperSupreme Court of Minnesota · 1942
- Carson v. CochranSupreme Court of Minnesota · 1892
- Morgan v. DingesNebraska Supreme Court · 1888
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