Brown v. Crookston Agricultural Ass'n
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Polk county and garnished one Zwickey, who disclosed that he had in his hands, as sheriff, the sum of $580.85 and that this sum was the surplus (after satisfying the mortgage debt) of the purchase-money received by him at a sale, on foreclosure by advertisement, of certain land of the defendant.
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Plaintiff brought this action in the district court for Polk county and garnished one Zwickey, who disclosed that he had in his hands, as sheriff, the sum of $580.85 and that this sum was the surplus (after satisfying the mortgage debt) of the purchase-money received by him at a sale, on foreclosure by advertisement, of certain land of the defendant. One McKinnon appeared at the taking of the disclosure, and claimed the fund under a second mortgage, made by defendant, upon the same land. These facts were admitted, and an order was made by Stearns, J., discharging the garnishee from the claim…
1Opinion of the CourtDiceinson, J.
The owner of real estate executed, at different times, two mortgages upon it. Upon a statutory foreclosure sale, by advertisement, under the senior mortgage, the land was sold for a price which left a surplus in the hands of the sheriff after satisfying that mortgage. The only question necessary to be considered is as to *546whether the junior mortgagee or the mortgagor is entitled to receive that surplus, through the proper determination of the court. According to the well-established rule in such cases, the second mortgagee was entitled to the surplus, or to so much of it as might be necessary…
2Cases cited8 opinions
- Astor v. MillerNew York Court of Chancery · 1830
- Averill v. LoucksNew York Supreme Court · 1849
- Fowler v. JohnsonSupreme Court of Minnesota · 1880
- Cook v. BasleyMassachusetts Supreme Judicial Court · 1877
- Ballinger v. BourlandIllinois Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- McKeown v. CollinsSupreme Court of Florida · 1896
- McNamer Realty Co. v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
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