Hughes v. Olson
Supreme Court of Minnesota
Action in the district court for Swift county to enjoin defendants from redeeming under a void-judgment from a mortgage foreclosure sale.
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Action in the district court for Swift county to enjoin defendants from redeeming under a void-judgment from a mortgage foreclosure sale. The complaint alleged that prior to the entry of judgment no action was commenced against the mortgagor and that she “never appeared in any manner or consented to said proceedings or said judgment; * * * that said judgment was given and entered without jurisdiction and without the service of a summons on said” mortgagor “and is absolutely null and void.” When the case was called for trial, the court, Qvale, J., granted defendants’ motion for judgment in…
1Opinion of the CourtMitchell, J.
The plaintiff, the purchaser at a mortgage foreclosure sale, brought this action to enjoin the defendants from redeeming from the sale under a void judgment purporting to have been rendered in their favor against the mortgagor. If the allegations of the complaint are true, the pretended judgment is absolutely void for want of jurisdiction of the person against whom it was rendered. The trial court ordered judgment on the pleadings in favor of the defendants. This must have been done on the ground that the complaint did not state a cause of action.
*239The judge filed no memorandum stating wherein…
2Cases cited2 opinions
- Bovey De Laittre Lumber Co. v. TuckerSupreme Court of Minnesota · 1892
- New England Mutual Life Ins. v. CapehartSupreme Court of Minnesota · 1895
3Cited by5 opinions
- Leland v. HeibergSupreme Court of Minnesota · 1923
- Orr v. SuttonSupreme Court of Minnesota · 1912
- Brady v. GilmanSupreme Court of Minnesota · 1905
- Wasatch Oil & Gas, L.L.C. v. ReottCourt of Appeals of Utah · 2007
- Grant v. BibbSupreme Court of Minnesota · 1915