Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-07-27
THE COURTS.
Supreme Court Decfs tons.
sYLIlBI.


E. Booge and Fred. L. Goervey as Assignee
of II. D. Booge Co., FIRED. L. Goervey, as.
signee in bankruptcy OF II. D. Booge, j. E.
Booge and M. c. Booge) appellant.
A foreign banking corporation whose char
ter imposes no restriction upon the character
OF its loans, whether upon real or personal
security may take and hold mortgage upon
lands in this state and enforce the same in
the courts upon the same footing as other
creditors. 1,.-e-s
Equity will help effectively executed
mortgage given upon valuable considera-
ton and reform, and enforce the same as
against the maker and subsequent assignees
and lien holders having notice, SO held of a
mortgage executed and recorded unsealed.
In an action to reform and foreclose
such mortgage notice of us pemdens duly
filed prior to the record of a deed
from the mortgagors to a grantee, against
whom a judgment had been recovered, will
save to the plaintiffs their prior lien as against
such judgment, because such Judgment, by
the terms of the recording act, general sta
tutes, chapter 40, section 81, only takes prec-
edence where the Judgment debtor's
acquired previous to the agency, but actually
present in his mlnd during the agency, and
while acting for his principal in particular
transaction or matter, will, as respects such
transaction or matter, be deemed notice to
him. and will bind him as fully as if originally
acquired by him.
Judgment affirmed. VANpERBURaH,J.
Mary A. Elton and Stephen A. Eaton, re-
Churchill and Henry D. Huff Daniel NJ
Robbins), appellant.
Under section Q, chapter 40, general laws,
1873, the right of the surviving husband or
widow to hold and enjoy the use and posses.
sion OF the homestead for life was not subject
to be defeated by the will of the deceased
owner, but the same descended to the heirs or
passed to the devisees subject to such right of
the survivor.
Tine estate 80 conferred on the survivor was
in the homestead go nomine, as created and
defined by the exemption act, and was not
liable to sale upon execution for his debts.
The provisions of this section of the statute,
in conformity with the spirit and policy of the
homestead legislation of this state, operated
to enlarge and extend the homestead right and
privilege and to continue TO such survivor the
right to the enjoyment of the use and posses
sion OF the family homestead for the term of
his or her natural life as exempt property.
The question of the abandonment of the
homestead by the survivor is one which does
not concern his creditors, since his interest
was not subject to their lien, but arises solely
between him and parties interested in the title
of the deceased owner.
Judgment affirmed. VANDERBURGH.
John I. Ames and Adelbert Ames, respon-
dents, VS.. Western Manufacturing Mutual
Insurance company and Ruth G.. Richard
son, who has been substituted as defendant.
ruth c. Richardsop), appellant.
On December 16, 1869, owning piece of
land insured a mill, machinery and fixtures
therein against damage by fire in the Western
Manufacturing Mutual Insurance company
for 81 900 December Is, 1879, G borrowed
Of defendant r s., 2o0, for which he gave his
note on five years secured by mortgage of
the land mentioned duly recorded December 20.
By the terms of the mortgage c covenanted
with K that at all times during ITS contInu-
ance he would keep the buildings on the mort
gagged premises increasingly insured for at
least IS, 200, payable in case of loss to r to
the amount then secured by the mortgage,
December 2S; 1879, G insured the mill, ma
chinery and fixtures for 81 500 in one COM
pany, and for $1,000 IN another, the losses
being made payable by endorsements upon
the policies to as her interest might ap-
pear. On July 9, 1880, the insured property
was totally destroyed by fire.
Before this time r. had no knowledge of
assurances were adjusted by G. and the insur.
ance companies at 81, 1913. 0S as the true value
of the property destroyed, so that the losses
payable to r. were scaled from $500 (the
face OF the two last policies) to $2,442 20,
which sum was paid to r and applied on c. Is
note The loss under the first insurance was
scaled and adjusted at 81 ,317 20 and that sum
agreed to be paid to C. accordingly.
This was done July 10, 1880, and on the
same day the certificate issued to G. on the
first insurance in lieu of policy was for
value assigned to the plaintiffs.
Held, That r. has an equitable lien on the
proceeds OF the first insurance and Is entitled
to recover the same to be applied on the note
and mortgage.
The case is remanded with directions to the
district court to render Judgment for the de-
PENDANT accordingly. BERRY, j.
Probate Court.