Allis v. Davidson
Supreme Court of Minnesota
This action was brought in the district court for Ramsey county, on August 17, 1874, against the defendant Davidson, mortgagee in a mortgage of the undivided half of certain real estate in the city of St. Paul, executed by plaintiff'; the defendant Israel G-. Lash, mortgagee in a prior mortgage of the whole of the same real estate, made by plaintiff and defendant Davidson, as tenants in common thereof in fee, in equal proportions; and the defendant John Grace, as sheriff of…
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This action was brought in the district court for Ramsey county, on August 17, 1874, against the defendant Davidson, mortgagee in a mortgage of the undivided half of certain real estate in the city of St. Paul, executed by plaintiff'; the defendant Israel G-. Lash, mortgagee in a prior mortgage of the whole of the same real estate, made by plaintiff and defendant Davidson, as tenants in common thereof in fee, in equal proportions; and the defendant John Grace, as sheriff of Ramsey county. The plaintiff, in his complaint, alleges various matters to show that, as between himself and the…
1Opinion of the CourtCornell, J.
Both plaintiff and defendant were parties to the foreclosure suit, the judgment in which is interposed as a bar to the present action by the supplemental answer of the defendant herein. Under the issues tendered bv the *445bill of complaint in that suit, the validity of the note and mortgage in controversy, and the amount due thereon, were necessarily involved find adjudged by the judgment therein rendered. The jurisdiction of that court being undoubted, both as respects the subject-matter and the parties, it follows that its judgment, when properly pleaded, is a conclusive bar to any further…
2Cases cited1 opinion
- Poorman v. MitchellSupreme Court of Missouri · 1871
3Cited by10 opinions
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Williams v. Southern Pacific Co.California Court of Appeal · 1921
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Lux v. Columbian Fruit Canning Co.Supreme Court of Kansas · 1926
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