Lash v. Lambert
Supreme Court of Minnesota
This was an action commenced in the district court for Ramsey county, to foreclose a mortgage executed by Mary S. Lambert and Henry A. Lambert, her husband, to the plaintiff. Since the execution of the mortgage, both of the mortgagors have deceased, and the suit was brought against their heirs, and other parties claiming an interest in the mortgaged premises.
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This was an action commenced in the district court for Ramsey county, to foreclose a mortgage executed by Mary S. Lambert and Henry A. Lambert, her husband, to the plaintiff. Since the execution of the mortgage, both of the mortgagors have deceased, and the suit was brought against their heirs, and other parties claiming an interest in the mortgaged premises. The cause was tried before the court, without a jury, who found for the plaintiff, and judgment of foreclosure and sale was entered. The defendants appeal to this court. All of the material facts as found by the court below, appear in…
1Opinion of the Court
Bipley, Ch. J.
By the Court. The judge who tried this case, without a jury, finds that on the first day of August, 1860, the plaintiff lent one Mary S. Lambert, the sum of $17,000, upon a bond executed by herself and Henry A. Lambert, her husband, in the penal sum of $34,000, con*422ditioned for the payment of said $17,000 in five years from that date, with interest at the rate of 12 per cent, per annum, payable semi-annually, and secured by mortgage upon real estate in the city of St. Paul, and an' assignment of all leases then made, or which should thereafter be made, of the three westerly…
2Cases cited2 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
3Cited by15 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Moreland v. LawrenceSupreme Court of Minnesota · 1876
- Stewart v. SmithSupreme Court of Minnesota · 1886
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