McCart v. Schreiber

Action by mortgagor against mortgagee to vacate a real estate mortgage and the foreclosure thereof by advertisement. Failing in his motion for an amendment of adverse findings or a neAV trial, defendant appeals.

This is another case (see Johnson v. Howe, 176 Minn. 287, 223 N. W. 148, and also Anderson v. Goetze, 176 Minn. 399, 223 N. W. 459) Avherein the mortgagor made payment of the principal to John A. Lane, a loan broker now insolvent, only to'find that the mortgagee denied Lane’s authority to collect. The decision below was for plaintiff on the ground, not of express or even apparent…