Goenen v. Schroeder
Supreme Court of Minnesota
ERROR TO THE DISTRICT COUET OR HENNEPIN COUNTY. Points and Authorities of Plaintiff in Error. I. — -The Justice of the Peace had no jurisdiction in the cause subsequent to the filing of the complaint. Because the statements of the complaint involved the title to real estate. He should, therefore, have granted the Defendant’s motion.
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ERROR TO THE DISTRICT COUET OR HENNEPIN COUNTY. Points and Authorities of Plaintiff in Error. I. — -The Justice of the Peace had no jurisdiction in the cause subsequent to the filing of the complaint. Because the statements of the complaint involved the title to real estate. He should, therefore, have granted the Defendant’s motion. Const, of Minn., Art. 6, sec. 8. II. — The time of redemption had mot expired, for the reaSon that tbe mortgage wasmadeafter the taking effectof the act bf July 29th, 1858, which provides that the mortgagor may redeem at any time within one year after the sale, or…
1Opinion of the Court
By the Court
Flandeau, J.
A mortgage was executed on the premises in question by the Defendant and wife on the 3d day of August, 1858, which was conditioned to pay a certain sum of money in eight months from its date. Default was made in the condition, and on the 26th day of October, 1861, the land was sold by virtue of a power of sale contained in the mortgage, and purchased by the Plaintiff for the sum of $280 59. The proper certificates were executed by the Sheriff. The promises not being redeemed by the 1st day of November, 1862, the sheriff on that day executed and delivered to the…
2Cited by18 opinions
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- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
- Hull v. State ex rel. RollinsSupreme Court of Florida · 1892
- Yeatman v. KingNorth Dakota Supreme Court · 1892
- Anderson v. FirleSupreme Court of Minnesota · 1928
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