Brigham v. Connecticut Mutual Life Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county to set aside the foreclosure of a mortgage. The cause was tried before Moer, J., without a jury, and judgment was ordered for defendant. Plaintiff’s motion for additional findings was denied, and judgment was entered against him. From the judgment plaintiff appealed.
1Opinion of the CourtCanty, J.
Plaintiff was the owner of a certain city lot, on which there are several buildings used as fiats. He mortgaged the property to defendant. The mortgage was foreclosed under the power of sale, and this is an action to set aside the foreclosure on the ground that at the commencement of the foreclosure proceedings, and during all the time they were pending, plaintiff actually occupied a portion of the mortgaged premises, and no notice of the time and place of the foreclosure sale was ever served on him, as required by G-. S. 1894, § 6032.
On the trial the court made and filed its findings of…
2Cited by1 opinion
- Brigham v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1900