Nelson v. Central Land Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Douglas county, to determine defendant’s claim of title to certain land. The action was tried before Baxter, J., without a jury, and, upon the facts as found by the court, judgment was directed for defendant. The plaintiff claims title under the foreclosure by advertisement, in 1871, of a mortgage made by one Alpheus Chance, the then owner, to the plaintiff.
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Plaintiff brought this action in the district court for Douglas county, to determine defendant’s claim of title to certain land. The action was tried before Baxter, J., without a jury, and, upon the facts as found by the court, judgment was directed for defendant. The plaintiff claims title under the foreclosure by advertisement, in 1871, of a mortgage made by one Alpheus Chance, the then owner, to the plaintiff. When the plaintiff rested, the defendant called upon him to produce a certificate of sale, dated April 3, 1869, alleged to have been made on a prior foreclosure sale under the power…
1Opinion of the CourtVanderburgh, J.
The plaintiff claims title under the foreclosure' of a mortgage upon the lands in controversy. The defence is (a) satisfaction of the mortgage through a redemption under an alleged prior foreclosure, and (b) title in fee acquired by the defendant under a tax sale.
1. The records disclose no evidence of such prior foreclosure, except the reference thereto in a redemption certificate appearing of record; but the defendant, in order to prove such foreclosure, introduced parol evidence of the contents of an alleged lost sheriff’s-certificate of sale, and insists that the prior legal foreclosure of…
2Cases cited4 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Merrill v. DearingSupreme Court of Minnesota · 1884
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Farnham v. JonesSupreme Court of Minnesota · 1884
3Cited by10 opinions
- Wakefield v. DaySupreme Court of Minnesota · 1889
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Cruser v. WilliamsNorth Dakota Supreme Court · 1904
- State ex rel. Western Land Ass'n v. SmithSupreme Court of Minnesota · 1887
- Mueller v. JacksonSupreme Court of Minnesota · 1888
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