Hull v. King
Supreme Court of Minnesota
Action to set aside a mortgage sale under a power, brought in the ’district court for Hennepin county, and tried by Lochren, J., upon whose decision judgment was entered for plaintiff, from which the defendant appeals.
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Action to set aside a mortgage sale under a power, brought in the ’district court for Hennepin county, and tried by Lochren, J., upon whose decision judgment was entered for plaintiff, from which the defendant appeals. By the terms of the mortgage, the mortgagors, in consideration of $5,350, convey all “the following described lots,” according to the plat, etc., “each of said lots being conveyed and mortgaged respectively for the specific sum set opposite to it in the following tabular description of the premises herein and hereby mortgaged, and for no other sum whatever, except the interest…
1Opinion of the CourtMitchell, J.
The plaintiff sought to have a foreclosure by advertisement set aside, upon the grounds (1) that.the notice of sale was not published in a “newspaper,” within the meaning of the statute; (2) that the whole seven lots covered by mortgage were sold together in bulk for a gross sum.
1. The notice of sale was published in the “Northwestern Presbyterian.” The evidence is not returned, but the finding of the court is that this is “a publication issued once in each week, in Minneapolis, Hennepin county, Minnesota, and contains principally religious news, and especially reading of interest to…
2Cases cited5 opinions
- Kerr v. HittIllinois Supreme Court · 1874
- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Hernandez v. DrakeIllinois Supreme Court · 1875
- Beecher v. StephensSupreme Court of Minnesota · 1878
- Abbott v. PeckSupreme Court of Minnesota · 1886
3Cited by25 opinions
- City of Corpus Christi v. JonesCourt of Appeals of Texas · 1940
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Puget Sound Publishing Co. v. Times Printing Co.Washington Supreme Court · 1903
- Times Printing Co. v. Star Publishing Co.Washington Supreme Court · 1909
- Lynch v. DurfeeMichigan Supreme Court · 1894
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