Foster v. Johnson
Supreme Court of Minnesota
After the decision of a former appeal (39 Minn. 378) from an or-¿ler overruling tbe separate demurrer of defendant Johnson, (im-pleaded with Seth Trowbridge and wife and others,.) Johnson answered the complaint; and the action was tried in the district court .for Wa-tonwan county, before Severance, J., who found the amount due on plaintiff’s mortgage to be $6,229, and ordered judgment for a sale of the premises to satisfy the mortgage debt, and barring all right of…
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After the decision of a former appeal (39 Minn. 378) from an or-¿ler overruling tbe separate demurrer of defendant Johnson, (im-pleaded with Seth Trowbridge and wife and others,.) Johnson answered the complaint; and the action was tried in the district court .for Wa-tonwan county, before Severance, J., who found the amount due on plaintiff’s mortgage to be $6,229, and ordered judgment for a sale of the premises to satisfy the mortgage debt, and barring all right of redemption of defendants, except the statutory right of redemption from the sale. A new'trial was refused, and defendant Johnson…
1Opinion of the CourtVanderburoh, J.
The defendant Trowbridge, being the owner of the premises in controversy, executed a mortgage to secure the sum of $1,200 and interest, bearing date March’19,1869, and due March 19, 1870, running to one McConnell as mortgagee; and on December 26, 1871, he also executed a second mortgage thereon to Blake & Elliott, which matured January 1, 1874. The last-mentioned mortgage was assigned to plaintiff in July, 1886. Neither mortgage was ever paid or discharged. McConnell, the mortgagee named in the first mortgage, having died, the defendant Johnson, his administrator, commenced an action to…
2Cases cited7 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Brainard v. . CooperNew York Court of Appeals · 1852
- Strobe v. DownerWisconsin Supreme Court · 1860
- Whalley v. EldridgeSupreme Court of Minnesota · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- Evans v. Faircloth-Byrd Mer. Co.Supreme Court of Alabama · 1910
- Carson v. CochranSupreme Court of Minnesota · 1892
- Eliseuson v. FraysethSupreme Court of Minnesota · 1971
- Crystal River Lumber Co. v. Knight Turpentine Co.Supreme Court of Florida · 1915
7 more not listed; retrieve them via the Exa API.