Jackson v. Holbrook
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Hennepin •«ounty for breach of the covenants against incumbrances in two warranty deeds from defendant to plaintiffs, by the first of which, bearing date September 14,1881, she conveyed to plaintiffs the east half, ,-and by the second of which, bearing date April 1, 1882, she conveyed ito them the west half, of lots 1 and 2, in block 31, in Jackson, Daniels & Whitney’s addition to Minneapolis.
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Plaintiffs brought this action in the district court for Hennepin •«ounty for breach of the covenants against incumbrances in two warranty deeds from defendant to plaintiffs, by the first of which, bearing date September 14,1881, she conveyed to plaintiffs the east half, ,-and by the second of which, bearing date April 1, 1882, she conveyed ito them the west half, of lots 1 and 2, in block 31, in Jackson, Daniels & Whitney’s addition to Minneapolis. The facts alleged and admitted or proved were as follows: On November 21, 1873, one R. J. Mendenhall, being owner of the ■premises, conveyed them…
1Opinion of the CourtYanderburgh, J.
Under the statutes of this state, the holder of a junior judgment lien acquires no preference over a senior judgment lien upon the same real estate, by virtue of prior proceedings to execute his judgment; and, as to all persons claiming under a judgment debtor subsequent to the lien of the senior judgment creditor, the rights of the latter are superior, and cannot be divested by any proceedings of a junior lienholder, claiming under the same debtor, to which the senior creditor is not a party. The whole policy of the statutes, in respect to the preferences of prior judgment liens against real…
2Cases cited24 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Candee v. . LordNew York Court of Appeals · 1849
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- White's Bk. of Buffalo v. . FarthingNew York Court of Appeals · 1886
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Lane v. InnesSupreme Court of Minnesota · 1890
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Lowe v. ReiersonSupreme Court of Minnesota · 1937
6 more not listed; retrieve them via the Exa API.