Legal Opinion

Paulle v. Wallis

Supreme Court of Minnesota

Decided July 13, 1894No. 8719PublishedCited by 2 opinions

Appeal by defendant, H. M. Wallis, from an order of the District Court of Anoka County, Seagrare Smith, J., made-February 8, 1894, overruling his demurrer to the complaint.

1Opinion of the CourtGileillan, C. J.

The question presented by the complaint and demurrer is: When a mortgage with a power of sale is upon separate tracts of land, lying in different counties, can it be foreclosed under the power, and all the tracts sold, upon a notice of sale published in only one of the counties? The publication of notice in a newspaper is necessary only because the statute requires it, and, if the publication be as required by the statute, it is sufficient

The statute (1878 G. S. ch. 81, § 5) provides that the notice shall be published “in a newspaper printed and published in the county where the premises…

2Cited by2 opinions

  1. State v. O'ConnorSupreme Court of Minnesota · 1894
  2. Crandall v. Title Guarantee and Trust Co.California Court of Appeal · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API