Butterfield v. Farnham
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county, to determine the adverse claim of the defendants to certain unoccupied land in that county, which he claimed to own in fee. The defendants, (except Sumner W. Farnham,) in their answer denied plaintiff’s ownership of the land, claimed title in fee in themselves, and asked that their .title be quieted and confirmed. ' Upon the trial before the court, a jury being waived, the following facts appeared.
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The plaintiff brought this action in the district court for Hennepin county, to determine the adverse claim of the defendants to certain unoccupied land in that county, which he claimed to own in fee. The defendants, (except Sumner W. Farnham,) in their answer denied plaintiff’s ownership of the land, claimed title in fee in themselves, and asked that their .title be quieted and confirmed. ' Upon the trial before the court, a jury being waived, the following facts appeared. On the 10th of July, 1858, one Franklin Steele, the then owner of the land, executed a mortgage thereof, and of other…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
It is admitted that, except in respect of the amount claimed to be due, the mortgage under which the respondents derive title was foreclosed in conformity to the requirements of the statute then in force (Comp. Stat. ch. 75 ;) but the appellaut contends that the foreclosure was void for want of conformity to certain requirements contained in the power of sale in said mortgage, and other than those prescribed by statute.
Said power of sale provides that, in default in the payment of the mortgage debt it shall be lawful for the mortgagee to enter upon the premises and…
2Cases cited7 opinions
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
- Jencks v. AlexanderNew York Court of Chancery · 1845
- Bailey v. MerrittSupreme Court of Minnesota · 1862
- Elliott v. WoodNew York Supreme Court · 1869
- Bennett v. HealeySupreme Court of Minnesota · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Payne v. LeeSupreme Court of Minnesota · 1946
- State ex rel. Lindekugel v. Probate Court of Sibley CountySupreme Court of Minnesota · 1885
- Semlek v. National Bank of AlaskaAlaska Supreme Court · 1969
- Kurtz v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1896
9 more not listed; retrieve them via the Exa API.