Minnesota Reports: Cases Argued and Determined in the Supreme Court of Minnesota, Volume 4Review Publishing Company, 1861 Cases argued and determined in the Supreme Court of Minnesota. |
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Page 20
... land . But a mortgage which was executed and recorded , before the party who claimed a lien had " layed his stock , " would take precedence of the lien , as the prior incumbrance upon the land . Where a party seeks to enforce a lien ...
... land . But a mortgage which was executed and recorded , before the party who claimed a lien had " layed his stock , " would take precedence of the lien , as the prior incumbrance upon the land . Where a party seeks to enforce a lien ...
Page 21
... land in the lien claim is sufficient , and the court below should have given judgment for a lien upon one acre of land as demanded in the complaint . Fifth . That the finding of the court below by the Referee , " that the execution of ...
... land in the lien claim is sufficient , and the court below should have given judgment for a lien upon one acre of land as demanded in the complaint . Fifth . That the finding of the court below by the Referee , " that the execution of ...
Page 24
... land upon which the structure is situate , to the extent of forty acres without , and one acre within the limits of a city , town or village ; which lien attaches to the land from the time of " the laying of stock , " and takes ...
... land upon which the structure is situate , to the extent of forty acres without , and one acre within the limits of a city , town or village ; which lien attaches to the land from the time of " the laying of stock , " and takes ...
Page 25
... land must be subsequent to his ; and they have no right to complain of this operation of the Statute because the record of Matteson's mortgage was full notice to them of his claim , and they could have declined proceeding with the work ...
... land must be subsequent to his ; and they have no right to complain of this operation of the Statute because the record of Matteson's mortgage was full notice to them of his claim , and they could have declined proceeding with the work ...
Page 29
... land was sold under the mortgage , and purchased by Silas H. Baldwin , for himself , who commenced this proceeding to obtain possession . The court below held the notice of sale to be insufficient , because it did not set out the death ...
... land was sold under the mortgage , and purchased by Silas H. Baldwin , for himself , who commenced this proceeding to obtain possession . The court below held the notice of sale to be insufficient , because it did not set out the death ...
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Common terms and phrases
admitted alleged amount answer appear Appellant apply assignment Attorney Barb bill Bonham Caldwell cause of action Charles Brown cited claim common law Comp complaint Constitution contract conveyance corporations Counsel Court erred Court of Chancery court of equity COURT OF RAMSEY creditors crime Dakota County damages debt debtor decision deed Defendant in Error demurrer District Court entitled evidence execution facts foreclosed foreclosure Foret fraud garnishee held Hennepin county indictment intent interest issue John Judge judgment jurisdiction juror land Legislature lien ment Minn Minnesota mortgage mortgaged premises mortgagor notice objection offence officer Paige party payment person Plaintiff in Error pleadings Points and authorities possession principle proceedings proof purchaser question RAMSEY COUNTY real estate record recover redemption replevin RICE COUNTY rule Sheriff sold Stat Statute sufficient sustained taking thereof tion trial trust verdict void Wend witness
Popular passages
Page 403 - The question of fraudulent intent in all cases arising under the provisions of this chapter shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers solely on the ground that it was not founded on a valuable consideration.
Page 222 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 211 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void.
Page 342 - ... as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 50 - In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact.
Page 359 - It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, "includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species ; it must descend to particulars.
Page 238 - The title of the action, the name of the court and county in which the action is brought, and the names of the parties to the action; 2. A statement of the facts constituting the cause of action, in ordinary and concise language; 3.
Page 400 - ... settlement, or the circumstances of the party. There is no such line of distinction set up or traced in any of the cases. The attempt would be embarrassing, if not dangerous, to the rights of creditors, and prove an inlet to fraud. The law...
Page 114 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
Page iii - SECTION 1. The judicial power of the state shall be vested in a supreme court, district courts, courts of probate, justices of the peace, and such other courts, inferior to the supreme court, as the legislature may from time to time establish by a two.thirds vote.