Perry v. Reynolds
Supreme Court of Minnesota
In this action, brought in the district court for Grant county, defendant’s demurrer was, by order of C. L. Brown, J., stricken out as frivolous, and judgment for failure to answer was entered for plaintiff. The defendant moved that the judgment be vacated and for leave to serve a proposed answer, which motion was denied, the court holding that it had no power to grant it. Defendant appeals from the judgment.
1Opinion of the Court
Collins, J.1
Action to recover an alleged surplus arising by reason of a sale under a power contained in a mortgage upon real estate. The plaintiff is the mortgagor; the defendant, the mortgagee by as*500signment, and also purchaser at the sale, at which, it is averred, no money was actually paid to the sheriff. To an amended complaint the defendant interposed a general demurrer, which was stricken out as frivolous in the court below. This complaint set forth in detail the date and amount of the note secured by the mortgage and of each interest coupon attached, and that certain sums of money had…
2Cases cited2 opinions
- O'Ferrall v. ColbySupreme Court of Minnesota · 1858
- Moody v. RathburnSupreme Court of Minnesota · 1862
3Cited by2 opinions
- Sifton v. SiftonNorth Dakota Supreme Court · 1895
- Sigmund v. Bank of MinotNorth Dakota Supreme Court · 1894