Nopson v. Horton
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Olmsted county, for the cancellation of a certificate issued to the defendant Horton, upon the redemption by him of certain mortgaged premises from a foreclosure sale to the plaintiff.
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The plaintiff brought this action in the district court for Olmsted county, for the cancellation of a certificate issued to the defendant Horton, upon the redemption by him of certain mortgaged premises from a foreclosure sale to the plaintiff. Upon a trial by the court without a jury, the judgeffound the facts to be as follows: On the lSth December, 1866, one Peter Olson, being the owner in fee of the w. £ and the ne. of the nw. and of the nw. £ of the ne. £ of section 18, township 105, in Olmsted county, mortgaged the same to the plaintiff, the mortgage containing the usual power of sale…
1Opinion of the Court
By the Court.
Berry, J.
I. In case of foreclosure by advertisement, “ the mortgagor, his heirs, executors, administrators or assigns” may redeem within twelve months after jthe sale. Gen. Stat. chap. 81, sec. 13. By section 16, “if no such redemption is made, the senior creditor, having a lien, legal or equitable, on the real estate .or some part thereof, subsequent to the mortgage, may redeem within five days after the expiration of such twelve months ,• and each subsequent creditor having such lien, within five days after the time allowed all prior lien holders, as aforesaid, may redeem,” &c.…
2Cases cited2 opinions
- Martin v. LennonSupreme Court of Minnesota · 1872
- Spencer v. LeveringSupreme Court of Minnesota · 1863
3Cited by11 opinions
- McKeown v. CollinsSupreme Court of Florida · 1896
- Boyd v. OlveyIndiana Supreme Court · 1881
- Exsted v. ExstedSupreme Court of Minnesota · 1938
- Wood v. ButtonMichigan Supreme Court · 1919
- Nichols v. TingstadNorth Dakota Supreme Court · 1901
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