Holmes v. Crummett
Supreme Court of Minnesota
Appeal ■ by plaintiff from a judgment of the district court for Becker county, where the action was tried by Stearns, J. The case is stated in the opinion. . In the foreclosure of a mortgage by advertisement all the essential requirements of the statute must be strictly pursued.
Read the full summary
Appeal ■ by plaintiff from a judgment of the district court for Becker county, where the action was tried by Stearns, J. The case is stated in the opinion. . In the foreclosure of a mortgage by advertisement all the essential requirements of the statute must be strictly pursued. Dana v. Far-rington, 4 Minn. 335, (433;) Lee v. Mason, 10 Mich. 403; Doyle v. Howard, 16 Mich. 261; Sherwood v. Fteade, 7 Hill, 431; Williamson v. Doe, 7 Blackf. 12. The failure to serve the notice required by Gen. St. 1878, e. 81, § 5, rendered the foreclosure utterly void. Forster v. Hoggart, 15 Ad. & El. 155;…
1Opinion of the CourtDickinson, J.
Action by mortgagor against mortgagee to set aside a statutory foreclosure of a mortgage, or, in the event of such relief being denied, to redeem from the mortgage. The only question involved is whether the foreclosure by advertisement was invalid as to this plaintiff, the mortgagor, by reason of the failure to serve notice of foreclosure sale upon one Bew. The land consists of about 78 acres, upon which was a dwelling-house and stable. At the time of the foreclosure proceedings, Bew was residing in the house and occupying the stable, under a lease from the plaintiff; and by sufferance, also,…
2Cited by10 opinions
- Ruiz v. 1st Fidelity Loan Servicing, LLCSupreme Court of Minnesota · 2013
- Casserly v. MorrowSupreme Court of Minnesota · 1907
- Badrawi v. Wells Fargo Home Mortgage, Inc.Court of Appeals for the Eighth Circuit · 2013
- Farm Credit Bank of St. Paul v. KohnenCourt of Appeals of Minnesota · 1992
- Skartum v. KochSupreme Court of Minnesota · 1928
5 more not listed; retrieve them via the Exa API.