Legal Opinion

Perkins v. Stewart

Supreme Court of Minnesota

Decided December 20, 1898No. Nos. 11,285—(160)PublishedCited by 10 opinions

Appeal by defendant from a judgment in favor of plaintiff for $392.33, entered in the district court for Hennepin county, pursuant to findings and order of Harrison, J. A lien upon the equity of redemption is also a lien upon any surplus of the foreclosure sale. Brown v. Crookston Agric.

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Appeal by defendant from a judgment in favor of plaintiff for $392.33, entered in the district court for Hennepin county, pursuant to findings and order of Harrison, J. A lien upon the equity of redemption is also a lien upon any surplus of the foreclosure sale. Brown v. Crookston Agric. Assn., 34 Minn. 545; Ness v. Davidson, 49 Minn. 469; Fagan v. Peoples S. & L. Assn., 55 Minn. 437 ; 2 Jones, Mort. §§ 1687, 1688. The right to interest depends upon whether the defendant used the money, or was in default in not paying it over. Wood v. Robbins, 11 Mass. 503; Johnson v. Eicke, 7 Hals. (N. J.…

1Opinion of the Court

START, O. J.

The plaintiff executed a mortgage upon real estate owned by him to the defendant. Default was made in the conditions of the mortgage, and the defendant foreclosed it by advertisement by virtue *24of the power of sale therein, and became the purchaser of the land at the sale on September 12, 1894. The mortgaged premises sold for the full amount due on the mortgage, and $135 in excess thereof; of which $100 was applied in payment of attorney’s fees, $25 in payment of the costs and disbursements of the foreclosure, and $10 in payment of excessive interest. No money was received by the…

2Cases cited5 opinions

  1. Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
  2. Sibley v. County of PineSupreme Court of Minnesota · 1883
  3. Ness v. DavidsonSupreme Court of Minnesota · 1892
  4. Moody v. RathburnSupreme Court of Minnesota · 1862
  5. Lynott v. DickermanSupreme Court of Minnesota · 1896

3Cited by10 opinions

  1. Penrose v. Commercial Travelers Insurance Co.Idaho Supreme Court · 1954
  2. Xanadu of Cocoa Beach, Inc. v. LenzDistrict Court of Appeal of Florida · 1987
  3. Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.Supreme Court of Minnesota · 1901
  4. Roberge v. CyrSupreme Court of New Hampshire · 1929
  5. Streeter v. Ponca State BankSupreme Court of Oklahoma · 1915

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