Clark v. Kraker
Supreme Court of Minnesota
Appeal by plaintiffs, Edwin Clark, Clark Milling Company and John M. Clark, from a judgment of the District Court of Stearns county, Searle, J., entered April 8, 1892. Edwin Clark and wife on October 27, 1884, mortgaged to William Bohmer the property described in the opinion. On August 6, 1890, he and wife mortgaged a part of the property to L. Kells. On February 9, 1891, he and wife mortgaged to John B. Johnson a part of the property so mortgaged to Kells.
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Appeal by plaintiffs, Edwin Clark, Clark Milling Company and John M. Clark, from a judgment of the District Court of Stearns county, Searle, J., entered April 8, 1892. Edwin Clark and wife on October 27, 1884, mortgaged to William Bohmer the property described in the opinion. On August 6, 1890, he and wife mortgaged a part of the property to L. Kells. On February 9, 1891, he and wife mortgaged to John B. Johnson a part of the property so mortgaged to Kells. On February 9, 1891, he and wife mortgaged to John M. Clark all the property included in Kells’ mortgage and another part of the property…
1Opinion of the CourtDickinson, J.
In November, 1891, this action was commenced, the relief sought being the setting aside of a mortgage foreclosure *446sale which was made by the defendants in April, 1891, in the exercise of the power of sale contained in the mortgage. The alleged defect in the foreclosure sale was that while the mortgaged premises are claimed to have embraced separate tracts they were sold together. The following abbreviated statement of the facts as found by the court will suffice for an understanding of the matter to be decided:
The mortgage thus foreclosed was executed in October, 1884, by Edwin Clark to…
2Cases cited7 opinions
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Abbott v. PeckSupreme Court of Minnesota · 1886
- Tillman v. JacksonSupreme Court of Minnesota · 1854
- Johnson v. WilliamsSupreme Court of Minnesota · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gerdin v. Princeton State BankSupreme Court of Minnesota · 1986
- Mulroy v. Sioux Falls Trust & Savings BankSupreme Court of Minnesota · 1925
- Powers v. SherrySupreme Court of Minnesota · 1911
- Kjeldahl v. United States (In Re Kjeldahl)District Court, D. Minnesota · 1985
- Phelps v. Western Realty CoSupreme Court of Minnesota · 1903
5 more not listed; retrieve them via the Exa API.