Armstrong v. Sanford
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY OOUNTY. I. — The amount claimed to be due in the notice of sale was too great and an injunction was the only and proper remedy. BidweTl vs. Whitney, 4 Minn., 76. IL- — -The threatened sale 'without any right of redemption was unauthorized as against the Appellant, and would put a cloud upon his title, which an injunction was the proper remedy against. Comp. Stats., 646; Sess.
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APPEAL EROM THE DISTRICT COURT OE RAMSEY OOUNTY. I. — The amount claimed to be due in the notice of sale was too great and an injunction was the only and proper remedy. BidweTl vs. Whitney, 4 Minn., 76. IL- — -The threatened sale 'without any right of redemption was unauthorized as against the Appellant, and would put a cloud upon his title, which an injunction was the proper remedy against. Comp. Stats., 646; Sess. Laws of 1860, 275. III. — The alleged waiver of the right of redemption was a nullity as against any party having such right other than the mortgagor, because the mortgagor could…
1Opinion of the Court
By the Court
Atwater, J.
Appeal from an order dissolving an injunction. The action was brought by Appellant to restrain Sanford from foreclosing a mortgage given upon certain premises, which were purchased by Armstrong after the execution and record of the mortgage. The mortgage was given by one Grey to Respondent, to secure the payment of two notes for the sum of $818, and interest.
The Plaintiff alleges two principal causes of action, constituting the grounds upon which the injunction was issued :
1st, That the mortgagee, in his notice of sale, claimed, and was about to sell the premises, for a…
2Cases cited5 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Ex Parte City BankSupreme Court of the United States · 1844
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- Bank of Orleans v. SkinnerNew York Court of Chancery · 1841
- Moss v. PettingillSupreme Court of Minnesota · 1859
3Cited by10 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- Conkey v. DikeSupreme Court of Minnesota · 1871
- Grant County v. Colonial & United States Mortg. Co.South Dakota Supreme Court · 1892
- Ladd & Bush v. RamsbyOregon Supreme Court · 1882
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