Swanson v. Realization & Debenture Corp.
Supreme Court of Minnesota
Action in the district court for Polk county to enjoin the sale of certain real estate upon foreclosure of a mortgage claimed to be usurious. The facts are stated in the first opinion. After a trial without a jury judgment was entered pursuant to the findings and order of Ives, J., setting aside the mortgage and note as usurious and enjoining the defendants from foreclosing it. From this judgment the defendant corporation appealed.
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Action in the district court for Polk county to enjoin the sale of certain real estate upon foreclosure of a mortgage claimed to be usurious. The facts are stated in the first opinion. After a trial without a jury judgment was entered pursuant to the findings and order of Ives, J., setting aside the mortgage and note as usurious and enjoining the defendants from foreclosing it. From this judgment the defendant corporation appealed. Inter partes, the assignments were valid and effectual without filing. The statute, G. S. 1894, § 5431, is for the benefit only of subsequent attaching creditors…
1Opinion of the CourtCollins, J.
Appeal from a judgment entered on findings of fact and conclusions of law filed upon the trial of an action brought by a mortgagor of real property to enjoin and restrain permanently the defendant sheriff from selling at a foreclosure of the mortgage under the power, and also to have the mortgage and the notes thereby secured adjudged void and canceled upon the ground of usury.
There was little or no dispute over the facts, but they are quite complicated, and had best be fully stated: Swanson, the plaintiff, was the owner of the mortgaged land, April 17, 1891, at which time he and his wife…
2Cases cited6 opinions
- Smith v. ParsonsSupreme Court of Minnesota · 1893
- Sprague v. MartinSupreme Court of Minnesota · 1882
- Jackson v. TravisSupreme Court of Minnesota · 1890
- Todd v. JohnsonSupreme Court of Minnesota · 1892
- Ward v. AnderbergSupreme Court of Minnesota · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- Barnes v. VerrySupreme Court of Minnesota · 1923
- American Inv. Co. v. LyonsNew Mexico Supreme Court · 1923
- Rantala v. HaishSupreme Court of Minnesota · 1916
- Wetsel v. Guaranteed Mortgage Co.Supreme Court of Minnesota · 1935
6 more not listed; retrieve them via the Exa API.