Lalor v. McCarthy
Supreme Court of Minnesota
This action was brought in the district court for Ramsey county to set aside a mortgage foreclosure sale. It appeared from the findings of the court, Wilkin, J., presiding, that the mortgage was executed by the plaintiff in 1867, and delivered to Patrick Nash; that Nash assigned the same to the defendants Jeremiah C. McCarthy and John C. Raguet, in 1870; that the said defendants duly foreclosed the same and purchased the mortgaged property at a grossly inadequate price,…
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This action was brought in the district court for Ramsey county to set aside a mortgage foreclosure sale. It appeared from the findings of the court, Wilkin, J., presiding, that the mortgage was executed by the plaintiff in 1867, and delivered to Patrick Nash; that Nash assigned the same to the defendants Jeremiah C. McCarthy and John C. Raguet, in 1870; that the said defendants duly foreclosed the same and purchased the mortgaged property at a grossly inadequate price, during the same year, and that the plaintiff, who had been absent from the state from the time the mortgage was executed,…
1Opinion of the CourtBerry, J.
The lands covered by the mortgage from the plaintiff to Nash are described therein as three parcels. The parcel thirdly described did not adjoin the other two. As to the latter, the finding of the court is “that the parcels of land in said mortgage, firstly and secondly described, constitute one tract of land in fact. The two parcels adjoin each other, the second parcel lying immediately in the rear of the first. The first described parcel had a frontage of twenty feet on Third street, [St. Paul,] and ran back fifty feet. The parcel secondly described was immediately in its rear and of the…
2Cases cited1 opinion
- Daniels v. SmithSupreme Court of Minnesota · 1860
3Cited by7 opinions
- Norton v. Metropolitan Life InsuranceSupreme Court of Minnesota · 1898
- Stearns v. CarlsonSupreme Court of Minnesota · 1925
- Petition of NelsonSupreme Court of Minnesota · 1993
- Guels v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1932
- In Re the Strawberry Commons Apartment Owners Ass'n 1Court of Appeals of Minnesota · 1984
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