Pioneer Savings & Loan Co. v. Farnham
Supreme Court of Minnesota
Appeal by the plaintiff, the Pioneer Savings and Loan Company, from an order of the District Court of Hennepin County, Canty, J., made December 5, 1891, sustaining a demurrer to the complaint. On July 1, 1890, the defendant Stephen S. Farnham owned two adjacent lots in Minneapolis with a block of buildings thereon, and on that day mortgaged them to plaintiff to secure the payment by him of $6,500 and interest.
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Appeal by the plaintiff, the Pioneer Savings and Loan Company, from an order of the District Court of Hennepin County, Canty, J., made December 5, 1891, sustaining a demurrer to the complaint. On July 1, 1890, the defendant Stephen S. Farnham owned two adjacent lots in Minneapolis with a block of buildings thereon, and on that day mortgaged them to plaintiff to secure the payment by him of $6,500 and interest. Farnham covenanted in the mortgage that the property was free from prior liens, and he therein empowered the plaintiff on default to take and receive the rents, use, oecu-pancy and…
1Opinion of the CourtGilfillan, C. J.
Farnham executed to plaintiff a mortgage upon real estate, with the ordinary habendum clause, “to have and to hold *318the same-with all and singular the use, income, rents, profits,” etc. Under a power of sale in the mortgage plaintiff foreclosed it by sale June 13, 1891, becoming itself the purchaser at a price sufficient to cover the full amount due on the mortgage and costs and expenses of sale. It brings this action to have a receiver appointed to collect the rents accruing during the year for redemption, and pay them to it. Assume that the mortgage also pledged the rents and profits as…
2Cases cited1 opinion
- McDowell v. HillmanSupreme Court of Minnesota · 1892
3Cited by7 opinions
- State v. ZacherSupreme Court of Minnesota · 1993
- Winne v. LahartSupreme Court of Minnesota · 1923
- Gardner v. W. M. Prindle & Co.Supreme Court of Minnesota · 1932
- State v. Scottish-American Mortgage Co. of EdinburghSupreme Court of Minnesota · 1899
- Evans v. Rhode Island Hospital Trust Co.Supreme Court of Minnesota · 1897
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