Bottineau v. Ætna Life Insurance
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Polk county, Stearns, J., presiding, overruling a demurrer to the complaint-.
1Opinion of the CourtGtlptluan, C. J.
The action is to have declared null and void two successive foreclosures, or attempts to foreclose a mortgage, under the power of sale, — the first in 1879, the second in 1882. It is here on an appeal from an order overruling a demurrer to the complaint.
The complaint sets forth several objections to the first foreclosure, only one of which we deem it necessary to refer to. The notice of sale specified as the place of sale “the front door of the court-house in the village .of Crookston, in the county of Polk,” the county in which the mortgaged premises were situated. The complaint alleges that…
2Cases cited2 opinions
- Kipp v. BullardSupreme Court of Minnesota · 1882
- Mohan v. SmithSupreme Court of Minnesota · 1883
3Cited by23 opinions
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
- Stephens v. ClaySupreme Court of Colorado · 1892
- Stein v. Chase Home Finance, LLCCourt of Appeals for the Eighth Circuit · 2011
- Welk v. GMAC Mortgage, LLCDistrict Court, D. Minnesota · 2012
- Bausman v. FaueSupreme Court of Minnesota · 1891
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