Lamm v. Armstrong
Supreme Court of Minnesota
Action in the district court for Watonwan county by plaintiff as-executor of the will of Stephen hamm, deceased, to enforce a lien upon certain land under a contract of sale thereof assigned to decedent by defendant Moses K. Armstrong, the vendor, as security for a debt. Defendants, J. W. Seager, Thomas Torson and Hans Olson, trustees, in bankruptcy of defendant Armstrong, alone answered.
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Action in the district court for Watonwan county by plaintiff as-executor of the will of Stephen hamm, deceased, to enforce a lien upon certain land under a contract of sale thereof assigned to decedent by defendant Moses K. Armstrong, the vendor, as security for a debt. Defendants, J. W. Seager, Thomas Torson and Hans Olson, trustees, in bankruptcy of defendant Armstrong, alone answered. The question of unlawful preference under the bankruptcy act was not raised by the pleadings. The case was tried before Dorin Cray, J., who found in favor of plaintiff. Thereafter defendant trustees applied…
1Opinion of the Court
BROWN, X
This action was brought to enforce rights acquired through an assignment by the vendor of an executory contract for the sale of certain real property; to have the assignment, to the extent of the unpaid purchase price at the time it was made, declared a lien upon the vendor’s interest in the property, and to foreclose the same. Plaintiff had judgment below, and defendants appealed.
The facts are as follows: On June 14, 1898, Moses K. Armstrong owned an undivided two-thirds of certain land located in Watonwan county, and on that day entered into an executory contract in the usual form…
2Cases cited7 opinions
- Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884
- Church v. SmithWisconsin Supreme Court · 1876
- Lowery v. PetersonSupreme Court of Alabama · 1883
- Berryhill v. PotterSupreme Court of Minnesota · 1890
- Cummings v. OglesbyMississippi Supreme Court · 1874
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3Cited by11 opinions
- Trondson v. JanikulaSupreme Court of Minnesota · 1990
- Village of Hibbing v. Commissioner of TaxationSupreme Court of Minnesota · 1944
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Flyge v. FlynnNevada Supreme Court · 1946
- Johnson v. SmithSupreme Court of Iowa · 1930
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