Simonton v. Connecticut Mutual Life Insurance
Supreme Court of Minnesota
Cross appeals by plaintiff, and defendant Connecticut Mutual Life Insurance Company from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Otis, J. The alleged sale to the respondent was .not voidable merely, by reason of the gross inadequacy of the amount bid, but is absolutely void for several reasons. 1. Neither the sheriff nor his deputy had, prior to the time the property was offered for sale and' struck off to the…
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Cross appeals by plaintiff, and defendant Connecticut Mutual Life Insurance Company from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Otis, J. The alleged sale to the respondent was .not voidable merely, by reason of the gross inadequacy of the amount bid, but is absolutely void for several reasons. 1. Neither the sheriff nor his deputy had, prior to the time the property was offered for sale and' struck off to the appellant, been directed to make any sale of the property. 2. No sufficient memorandum of the agreement of sale was made and…
1Opinion of the CourtStart, C. J.
This is an action to establish an alleged sale of land to plaintiff on the foreclosure of a mortgage by advertisement, and to compel the sheriff to issue to her a certificate of such sale, and also to have an alleged foreclosure sale of the land to the- defendant adjudged void, and the certificate and record thereof, and the lien of the mortgage, cancelled. The trial court made its findings of fact, and as conclusions of law directed judgment to the effect that neither of the parties acquired any right, title, lien, or interest in pr to the land by the alleged sales, or either of them; and,…
2Cases cited3 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Richards v. FinneganSupreme Court of Minnesota · 1891
- Erwin v. HallAppellate Court of Illinois · 1886
3Cited by4 opinions
- Kantack v. KreuerSupreme Court of Minnesota · 1968
- Fransen v. StateSouth Dakota Supreme Court · 1932
- Klotz v. JeddelohSupreme Court of Minnesota · 1937
- State v. RudenSouth Dakota Supreme Court · 1932