Legal Opinion

Freeborn v. Pettibone

Supreme Court of Minnesota

Decided July 15, 1861PublishedCited by 3 opinions

APPEAL EBOM THE DISTRICT COURT OP GOODHUE COUNTY. This is an appeal from an order directing that a writ of possession issue in favor of the above named Respondent and against the Appellant, in an action commenced in the District Court for Goodhue County, on the 12th day of March, a. d. 1859, to foreclose a mortgage wherein the Respondent was Plaintiff, and the Appellant (who was interested in the mortgaged premises as a iona fide purchaser thereof,) was, with others,…

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APPEAL EBOM THE DISTRICT COURT OP GOODHUE COUNTY. This is an appeal from an order directing that a writ of possession issue in favor of the above named Respondent and against the Appellant, in an action commenced in the District Court for Goodhue County, on the 12th day of March, a. d. 1859, to foreclose a mortgage wherein the Respondent was Plaintiff, and the Appellant (who was interested in the mortgaged premises as a iona fide purchaser thereof,) was, with others, Defendants. That such proceedings were had in such foreclosure suit that a decree was made therein on the 5th day of January,…

1Opinion of the Court

By the Court

Emaiett, O. J.

This is an appeal from an order, made in an action to foreclose a mortgage, directing the purchaser to be put in possession of the mortgaged premises, they having been previously sold, by decree of the Court, to satisfy the mortgage. The sale was was made on the 16th day of June, 1860. The order appealed from was obtained January 10, 1861. The Appellant was a Defendant in the action, and in possession under a conveyance from the mortgagor made prior to the commencement of suit. The Eespondent was the Plaintiff in said action, and the purchaser of the premises at the…

2Cases cited1 opinion

  1. Stone v. BassettSupreme Court of Minnesota · 1860

3Cited by3 opinions

  1. Aultman, Miller & Co. v. MarkleySupreme Court of Minnesota · 1895
  2. Minnesota Central Railroad v. PetersonSupreme Court of Minnesota · 1883
  3. Medgorden v. PaulsonSupreme Court of Minnesota · 1927

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