205 N.W. 268 | Minn. | 1925
Several questions are discussed in the briefs which, in the view we take of the case, it is not necessary to consider. The court found, and the sale record, the correctness of which is unquestioned, shows that the amount in the hands of the garnishee received from the sale of property not included in the intervener's mortgage exceeds the amount of the judgment rendered for plaintiff. In this state of the record, it is not necessary to determine whether the intervener waived its lien by consenting to a sale of the property covered by its mortgage, nor whether plaintiff had a prior lien upon the property by virtue of a provision in the lease under which Einfeldt held the farm on which he kept the property.
The intervener claims that, when the arrangement for the sale was made, Einfeldt agreed that the entire proceeds thereof should be applied upon his indebtedness to the intervener, and seems to claim that the lien of the mortgage was extended thereby to cover the proceeds of that part of the property which had not been included in the mortgage. No authority is cited in support of this claim, and we know of none supporting it.
A promise to apply the proceeds of specified property upon a particular debt gives no lien upon such proceeds, and no right to the promisee to pursue that particular fund, until the promisor has appropriated it to the promisee by applying it as a payment on the debt. Hale v. Dressen,