Moore v. Carlson
Supreme Court of Minnesota
Action in the district court for Hennepin county to determine adverse claims to certain real estate. Defendant Aaron Carlson answered, asserting title through foreclosure of mortgage by advertisement and failure of mortgagor to redeem.
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Action in the district court for Hennepin county to determine adverse claims to certain real estate. Defendant Aaron Carlson answered, asserting title through foreclosure of mortgage by advertisement and failure of mortgagor to redeem. The reply alleged that at the time of the attempted foreclosure the mortgage had been twice assigned, once from Aaron Carlson to Cliff W. Cress and again from Cliff W. Cress to Aaron Carlson; that before the attempted foreclosure both assignments were recorded in the office of the register of deeds of Hennepin county and alleged that in the notice of…
1Opinion of the CourtJaggard, J.
Plaintiff and appellant brought this action to determine adverse claims. Defendant and respondent Carlson asserted title through a *434foreclosure by advertisement, inasmuch as plaintiff had failed to redeem from the foreclosure sale within the year. Plaintiff replied, and alleged that the mortgage given by him to defendant Carlson was assigned to one Cress, who reassigned it to defendant Carlson, and that both assignments were recorded, but were not mentioned nor referred to in the notice of sale to foreclose said mortgage. Defendant Carlson demurred to the reply. The court sustained the…
2Cases cited2 opinions
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Hathorn v. ButlerSupreme Court of Minnesota · 1898
3Cited by9 opinions
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- Ruiz v. 1st Fidelity Loan Servicing, LLCSupreme Court of Minnesota · 2013
- Peterson v. JacobsMichigan Supreme Court · 1942
- Hunter v. Anchor Bank, N.A.Court of Appeals of Minnesota · 2013
- JPMorgan Chase Bank, N.A. v. ErlandsonCourt of Appeals of Minnesota · 2012
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