Gerdine v. Menage
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county,* to set aside certain foreclosure proceedings and the sale and certificate thereon.
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Plaintiff brought this action in the district court for Hennepin county,* to set aside certain foreclosure proceedings and the sale and certificate thereon. The defendant, in his answer, conceding the invalidity of the proceedings, alleged that after they had taken place, and relying *on their validity, he had taken assignments of certain prioi; mortgages on the same property, and caused them to be discharged of record, and prayed that all the mortgages be declared'subsisting liens, and for a foreclosure. The action was tried by Young, J., who found the facts and ordered judgment as stated in…
1Opinion of the Court
Vanderburgh, J.'
It appears by the record that in October, 1884, the defendant was the owner of the two certain lots described in the *419complaint, and on that day mortgaged the same with other property, and the mortgage was made a specific lien upon each of the lots for the sum of $350 each, with interest payable semi-annually; and subsequently, in the same month, he executed a second mortgage upon the same property, which was by its terms made a specific lien upon each lot for the sum of $450 and interest payable semi-annually, which mortgages were duly recorded. Afterwards, on November 13,…
2Cases cited13 opinions
- Belmont v. . ComanNew York Court of Appeals · 1860
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Bunch v. GraveIndiana Supreme Court · 1887
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- Gregory v. ArmsIndiana Court of Appeals · 1911
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
24 more not listed; retrieve them via the Exa API.