12 Minn. 287 | Minn. | 1867
By the Ooivtt.
The paper book in this ease contains nothing except the report of the referee who tried the action below. From this it appears that the respondents executed a mortgage of certain land to one Hamilton, which mortgage has not been recorded. Hamilton shortly after caused to be recorded a deed purporting to be a conveyance of the same land in fee simple, with warranty, from the respondents to him, Hamilton. Subsequently, and on the 21st day of April, 1869, Hamilton executed and delivered a warranty deed of the same premises to one Margaret Gale, who on the 18th day of July, 1860, conveyed with warranty, one-half of the same to Hart and the other half to Cobb. The report further shows, that the said deed purporting to run to Hamilton and the deeds to Margaret Gale, to Hart and to Cobb, by a judgment rendered in a former action, brought for that purpose by the present respondent's, as plaintiffs, “ were set aside, vacated and annulled, and adjudged to be wholly and utterly void, so far as the same affect or beclouded the title and estate of the said plaintiffs in said action. ” It was found in that action that the supposed deed to Hamilton was a forgery.
The appellant claiming title from Hart and Oobb, through sundry mesne conveyances, insists that the warranty deed from Hamilton to Margaret Gale, operated as an assignment of the mortgage to her, and that the effect of the subsequent conveyances, was to assign the mortgage to him, the appellant. There is a great diversity of opinion as to the effect
In view of these facts we think there conld have been no intention to assign the mortgage or mortgage debt, and no assignment of either by the conveyances. This conclusion disposes of the case and renders it unnecessary to consider the other points made on the argument.
The judgment is affirmed.