Nolan v. Dyer
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff, as trustee, to set aside an assignment of the sheriff’s certificate of sale upon foreclosure of the first mortgage, to have the lien of certain mortgages held by plaintiff declared superior to that of said sheriff’s certificate of sale, and to set aside the final decree and amended decree in the action to foreclose the first mortgage. The facts are stated in the opinion.
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Action in the district court for Ramsey county by plaintiff, as trustee, to set aside an assignment of the sheriff’s certificate of sale upon foreclosure of the first mortgage, to have the lien of certain mortgages held by plaintiff declared superior to that of said sheriff’s certificate of sale, and to set aside the final decree and amended decree in the action to foreclose the first mortgage. The facts are stated in the opinion. The case was tried before Otis, J., who ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed. The final…
1Opinion of the CourtBuck, J.
On February 28, 1889, the Minnesota Scale Company, a corporation, executed a mortgage to the People’s Trust Company on lots 8, 9, 10 and 12 in block 1, and lot 30 in block 8, in King’s addition to St. Paul, which mortgage was subsequently assigned to E. A. Jaggard, who subsequently foreclosed the same by action, and took a sheriff’s certificate of said sale to himself. Subsequent to the giving of such mortgage, but prior to the foreclosure proceedings, one Franklin Benjamin acquired title to said property, and, as owner thereof, executed mortgages on the same property to the plaintiff, as…
2Cases cited2 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Hamilton v. WoodSupreme Court of Minnesota · 1893
3Cited by1 opinion
- Rio Grande Western Railway Co. v. Salt Lake Investment Co.Utah Supreme Court · 1909