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32 Minn. 411

Frisbee v. Poole

Supreme Court of Minnesota

Decided November 20, 1884

Supreme Court of Minnesota · decided 1884-11-20

This action was brought in the district court for Mower county, to have a certain mortgage made to defendants declared satisfied, and discharged of record, and to restrain foreclosure by defendants. The complaint alleged that the mortgage was given as collateral security to certain book-accounts, which had been fully paid.

Decided 1884-11-20

By the Court.

¶1The terms of the mortgage are as follows: “This-mortgage is given as collateral security to the payment of certain, book-accounts, according to the terms of a certain contract bearing even date herewith, executed by the parties of the second part.” There is-nothing on the face of the mortgage itself showing that it was to secure future advances. The court, upon a substantial conflict of evidence on that point, finds as a fact that the contract referred to in the mortgage (which had been lost) did not provide for future advances-to the mortgagor. This is conclusive that the mortgage does not se*412•cure future advances. It is therefore unnecessary to consider any other questions.

¶2Order affirmed.

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