Bailey v. Merritt
Supreme Court of Minnesota
EEEOE TO THE DISTRICT COIIET OE WASHINGTON COUNTY. I. — The Court below erred in sustaining the demurrer interposed by the Defendant in Error to the complaint of the Plaintiff. 1st, Because there is no misjoinder or defect of parties, Plaintiff or Defendant, to this action. 2d, Because it does not matter that the sheriff is made the proper custodian of the moneys arising from the sale in mortgage foreclosures by 'advertisement, where such premises are sold by him.
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EEEOE TO THE DISTRICT COIIET OE WASHINGTON COUNTY. I. — The Court below erred in sustaining the demurrer interposed by the Defendant in Error to the complaint of the Plaintiff. 1st, Because there is no misjoinder or defect of parties, Plaintiff or Defendant, to this action. 2d, Because it does not matter that the sheriff is made the proper custodian of the moneys arising from the sale in mortgage foreclosures by 'advertisement, where such premises are sold by him. The complaint shows that the money arising from this sale was not paid over to the sheriff, but still remains in his, the…
1Opinion of the Court
By the Court
Atwatee,' J.
This was an action brought by the mortgagor to recover an alleged surplus arising on a mortgage sale by advertisement, the Defendant being the mortgagee, and purchaser at the sale. The complaint alleges the amount due upon the note secured by the mortgage at the time of the sale, and the expenses of the sale, amounted in the aggregate to $1,505, and that the premises were sold to Defendant for the sum of $2,197.90. The suit was brought to recover this difference of $692.90, with interest from day of sale. The complaint alleges that no part of the moneys arising from…
2Cases cited1 opinion
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
3Cited by12 opinions
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Sundberg v. GoarSupreme Court of Minnesota · 1904
- Butterfield v. FarnhamSupreme Court of Minnesota · 1872
- Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
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