Pine Mountain Iron & Coal Co. v. Bailey
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. • 1 This is an appeal from a decree which dismissed a bill to remove an alleged cloud from the title of the appellants to certain real estate in the state of Minnesota.
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Appeal from the Circuit Court of the United States for the District of Minnesota. • 1 This is an appeal from a decree which dismissed a bill to remove an alleged cloud from the title of the appellants to certain real estate in the state of Minnesota. The alleged cloud consisted of a perfect record title to the property in the appellee Charles Irving Bailey which had arisen in this way: On August 29, 1892, the appellee John D. Blake, who was the owner of the property, made a mortgage upon it to the Metropolitan Trust Company, a corporation, to secure the payment of his promissory note to it…
1Opinion of the CourtSanborn, Circuit Judge
This case presents many interesting questions, but the answer to one of them necessarily determines its decision. It is admitted that the decree below should be affirmed unless the facts which we have recited charged Charles M. Bailey, under the law, with notice of the claim of the appellants that the mortgage was invalid on or before January 27, 1893, when he purchased and paid for it. The proof is conclusive that he had no actual notice of this claim, and that the record title of the property mortgaged gave him no constructive notice of it; but the counsel for the appellants insist that the…
2Cases cited17 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Frenkel v. HudsonSupreme Court of Alabama · 1886
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3Cited by15 opinions
- Mittendorf v. JR Williston & Beane IncorporatedDistrict Court, S.D. New York · 1974
- Binder v. MillikinCourt of Appeals of Texas · 1918
- Ringer v. WilkinIdaho Supreme Court · 1919
- Central Coal & Coke Co. v. George S. Good & Co.Court of Appeals for the Eighth Circuit · 1903
- Mulrooney v. Royal Ins. Co. of LiverpoolCourt of Appeals for the Eighth Circuit · 1908
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