207 N.W. 631 | Minn. | 1926
It now appears that the mortgagee unconditionally consented to the mortgagor selling the mortgaged chattels. The finding of the trial court to that effect is sustained by the evidence. The lien of the mortgage was by such consent discharged. Fairweather v. Nelson,
The principle of law correctly stated in the prior decision was inapplicable to the then facts of this case in this, that while the *328
bank in ordinary parlance was a creditor, it was not such under G.S. 1923, § 8345, which contemplates a creditor who has laid hold of the mortgaged property armed with legal process and not a general creditor. Ellingboe v. Brakken,
Affirmed.