Mjones v. Yellow Medicine County Bank
Supreme Court of Minnesota
Plaintiff brought this action in the district court for. .Chippewa county, to enjoin a mortgage foreclosure and to have the mortgage and the record thereof cancelled, the complaint alleging tender of the mortgage debt and interest. The action was tried by C. L. Brown, J., (acting for the judge of the 12th district,) who ordered judgment for defendant. The plaintiff appeals from an order refusing a new trial.
1Opinion of the Court
Gilfillan, C. J.1
On the 27th day of December, 1887, the plaintiff was the owner of certain real estate, subject to the lien of a mortgage executed by herself and husband to one Pike for $350, due October 24, 1889; and, being indebted to one Stoppe in the sum of $201.74, they executed to him two promissory notes, — one for $41.74, due October 24, 1888, and one for $160, due October 24, 1889, — and to secure the same executed to him their mortgage on the real estate. The mortgage contained the usual power of sale, authorizing the mortgagee, in case of default “in the payment of said sum of…
2Cases cited1 opinion
- Reisan v. MottSupreme Court of Minnesota · 1889
3Cited by2 opinions
- In Re Mill City Plastics, Inc.District Court, D. Minnesota · 1955
- Woodward v. LutschWashington Supreme Court · 1912