Kellogg v. Kelley
Supreme Court of Minnesota
Action in the district court for Hennepin county to foreclose a real-estate mortgage. From a judgment for plaintiff, entered pursuant to findings by Simpson, J., defendants Charles M. Hanson and Albert C. Cobb, assignees of the mortgagors, appealed.
1Opinion of the Court
START, O. J.
This is an appeal by the assignees in insolvency of Austin F. Kelley from a judgment adjudging the lien of the plaintiff’s unrecorded mortgage, in the form of an absolute deed upon certain real estate of the assignor, to be superior to their title as such assignees. The only question for our decision is whether the judgment is justified by the finding of fact upon which it is based.
*125The material facts as found by the trial court are these: The assignor, Kelley, on April 30, 1896, was the owner in fee and in the exclusive possession of lot 10, block 90, in Town of Minneapolis, and…
2Cases cited10 opinions
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Gallagher v. RosenfieldSupreme Court of Minnesota · 1891
- Leqve v. StoppelSupreme Court of Minnesota · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Woolson v. KelleySupreme Court of Minnesota · 1898
- Robertson v. RentzSupreme Court of Minnesota · 1898