12 Minn. 108 | Minn. | 1866
By the Cov/rt
The mortgage upon which this action is founded covered lot six only, and the fact that the house situated on said lot when the mortgage was executed was subsequently removed to lot seven, wouldhaveno tendency to extend the lien of the mortgage to the latter lot; nor do we perceive how the judgment in this case could be made a lien upon lot seven ; nor with what propriety lot seven could be ordered to be sold in satisfaction of the mortgage debt. This view of the matter seems to be acquiesced in by the counsel for defendants in error in their brief. So far as the house was concerned it was a part of the property covered by the mortgage, and it contributed largely to the value of the security. As it was removed from lot six without the knowledge or consent of the mortgagee, and with the knowledge of all the parties claiming any rights adverse to those of the mortgagee, we see no reason why such mortgagee should not be permitted to follow the house, after having exhausted lot