Banning v. Armstrong
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — The proceedings to foreclose were irregular; the notice having been changed so as to appoint another day of sale without a notice of postponement. 8ec. 7, Oomp. Stats., p. 644; Dana <& Broom vs. Farrington, 4 Minn., 433. II. — The proceeding was irregular in inserting another notice of sale before the original notice had run out. Said original notice was a proceeding pending at the time.
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APPEAL PROM THE DISTRICT COURT OE RAMSEY COUNTY. I. — The proceedings to foreclose were irregular; the notice having been changed so as to appoint another day of sale without a notice of postponement. 8ec. 7, Oomp. Stats., p. 644; Dana <& Broom vs. Farrington, 4 Minn., 433. II. — The proceeding was irregular in inserting another notice of sale before the original notice had run out. Said original notice was a proceeding pending at the time. III. — The Plaintiffs showed prejudice by the inadequacy of price of the property and want of competition at the sale. Ameri&m Insurance Oo. vs. Oakley, 9…
1Opinion of the Court
By the Court
Atwater, J.
This was an action brought by Appellants to set aside a mortgage sale by advertisement. The Plaintiff Banning was the mortgagor, and the Defendant the mortgagee, and the principal ground alleged in the complaint for setting aside the sale, was that the sale did not take place in accordance with the published notice. The complaint alleges, that on the 14th of December, 1860, the Defendant caused to be published a notice of foreclosure and sale of the mortgaged premises, in a newspaper published in Ramsey county, appointing Monday, the 27th day of January, 1861, at 11…
2Cases cited1 opinion
- Dana v. FarringtonSupreme Court of Minnesota · 1860