St. Paul Swimming Club v. First State Bank
Supreme Court of Minnesota
Action in the district court for Washington county to set aside the foreclosure of a real estate mortgage. The case was tried before Searles, J., who made findings and as conclusions of law found that the foreclosure proceedings were void by reason of the failure on the part of defendant to serve personal notice as required by statute, and ordered judgment in favor of plaintiff on condition that defendant pay to the defendant or to the clerk of court for its use the total…
Read the full summary
Action in the district court for Washington county to set aside the foreclosure of a real estate mortgage. The case was tried before Searles, J., who made findings and as conclusions of law found that the foreclosure proceedings were void by reason of the failure on the part of defendant to serve personal notice as required by statute, and ordered judgment in favor of plaintiff on condition that defendant pay to the defendant or to the clerk of court for its use the total amount due on the mortgage debt. Defendant’s motion to vacate the judgment and amend the findings and conclusion of law…
1Opinion of the CourtBrown, C. J.
Action to set aside the foreclosure of a real estate mortgage on the ground of an alleged fatal defect in the foreclosure proceedings. Plaintiff had judgment and defendant appealed.
Plaintiff is a corporation organized under the laws of this state. It was 'the owner of the premises in question, and on July 10, 1915, mortgaged *431the same to defendant to secure the payment of the sum of $500 with interest at the rate of seven per cent per annum. There was default in the payment of an instalment of interest due in July, 1917, and because thereof a foreclosure of the mortgage by advertisement, as…
2Cases cited2 opinions
- Cutting v. PattersonSupreme Court of Minnesota · 1901
- Wallace v. SacheSupreme Court of Minnesota · 1908
3Cited by5 opinions
- Friederick v. County of RedwoodSupreme Court of Minnesota · 1922
- Miller v. County of SteeleSupreme Court of Minnesota · 1925
- Skartum v. KochSupreme Court of Minnesota · 1928
- Weathers v. AndersonSupreme Court of Minnesota · 1971
- Hutchinson v. ChildSupreme Court of Minnesota · 1925