Aultman & Taylor Co. v. O'Dowd
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Renville county, in favor of defendants, entered in pursuance of the order of Powers, J., after a trial before Webber, J., and a jury. The terms of the order are given in the opinion. A purchaser of mortgaged premises under foreclosure is entitled to the crops sown and growing on the land at the time his title accrues.
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Appeal by plaintiff from a judgment of the district court for Renville county, in favor of defendants, entered in pursuance of the order of Powers, J., after a trial before Webber, J., and a jury. The terms of the order are given in the opinion. A purchaser of mortgaged premises under foreclosure is entitled to the crops sown and growing on the land at the time his title accrues. Simers v. Saltus, 3 Denio, 214; Howell v. Schenck, 24 N. J. L. 89; Allen v. Elderkin, 62 Wis. 627; Beckman v. Sikes, 35 Kan. 120; Scriven v. Moote, 36 Mich. 64; Parker v. Storts, 15 Oh. St. 351; Smith v. Hague, 25…
1Opinion of the CourtBuck, J.
This action was brought to recover a crop of oats and wheat grown on 80 acres of land in Renville county during the year 1895. Before the action was commenced, the defendant Nelson had sown, grown, harvested and threshed this grain, and removed two-thirds of the same to a granary on his own land. Prior to sowing and raising this grain, the land was owned by one William Grady, who gave a mortgage thereon to Albert Brown, dated December 6,1889, who assigned it to A. Y. Reynolds June 10, 1891; and, there being a default in the payment of the sum thereby secured, Reynolds foreclosed the mortgage,…
2Cases cited2 opinions
- Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Woodcock v. CarlsonSupreme Court of Minnesota · 1889
3Cited by23 opinions
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- Kester v. AmonMontana Supreme Court · 1927
- Smith v. HowellOregon Supreme Court · 1918
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