Legal Opinion

In re Grundysen

Supreme Court of Minnesota

Decided June 1, 1893PublishedCited by 11 opinions

Appeal by W. H. Williams from an order of the District Court of Polk County, Frank Ives, J., made January 14, 1893. Eli Lariviere and wife mortgaged to Williams two hundred acres of land in Polk county. When the debt fell due it was not paid, and Williams employed Messrs. White, Reynolds & Schmidt, attorneys at law of Duluth, to foreclose the mortgage by advertisement under the power of sale therein.

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Appeal by W. H. Williams from an order of the District Court of Polk County, Frank Ives, J., made January 14, 1893. Eli Lariviere and wife mortgaged to Williams two hundred acres of land in Polk county. When the debt fell due it was not paid, and Williams employed Messrs. White, Reynolds & Schmidt, attorneys at law of Duluth, to foreclose the mortgage by advertisement under the power of sale therein. The foreclosure sale was made November 9,1891, by Arny Grundysen, Sheriff of Polk County. Williams bid and became the purchaser for $901.84, and received the sheriff’s certificate. The owner…

1Opinion of the CourtMitchell, J.

This was a summary proceeding, under 1878 G. S. ch. 8, § 198, as amended by Laws 1885, ch. 74, against the sheriff *348of Polk county, to compel him to pay over certain moneys received by him by virtue of his office, together with twenty per cent, damages and costs.

The material facts are that the law firm of White, Reynolds & Schmidt, of Duluth, foreclosed by advertisement for Williams, a resident of New York, a mortgage on certain real estate in Polk county, their names appearing as his attorneys in the printed notice of sale, and they, as such, attending to the foreclosure proceedings…

2Cited by11 opinions

  1. Chapman v. DorseySupreme Court of Minnesota · 1950
  2. Chapman v. DorseySupreme Court of Minnesota · 1950
  3. Schuster v. SchusterSupreme Court of Minnesota · 1901
  4. Cauger v. Gray Motor Co.Supreme Court of Minnesota · 1928
  5. Swanson v. Cross Lake Land Co.Supreme Court of Minnesota · 1934

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