Moritz v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, Cornish, J., made June 11, 1892, denying its motion for a new trial. On April 24, 1888, Henry Schroeder was the owner of lot nine (9) in block fifteen (15) in Ashton & Scherburne’s Addition to St. Paul, situated on the corner of Fairview and Mt. Airy streets. On that day he mortgaged the lot to Anna T. E. Kirtland to secure the payment of $1,700 and interest.
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Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, Cornish, J., made June 11, 1892, denying its motion for a new trial. On April 24, 1888, Henry Schroeder was the owner of lot nine (9) in block fifteen (15) in Ashton & Scherburne’s Addition to St. Paul, situated on the corner of Fairview and Mt. Airy streets. On that day he mortgaged the lot to Anna T. E. Kirtland to secure the payment of $1,700 and interest. Default was made in the payment of the debt, and the mortgage was foreclosed under a power of sale contained therein, and the lot sold…
1Opinion of the CourtDickinson, J.
This is an action to recover from the defendant city the sum of $513.60, which had been assessed and allowed as damages for a change of the grade of two streets upon which abutted the land with respect to which such damages were allowed.
In April, 1888, one Schroeder owned this land. At that time he mortgaged it to one Kirtland, and thereafter (July, 1888) he sold and conveyed it to Gehan. In proceedings for the foreclosure of the mortgage the land was sold February 19,1890; the mortgagee, Kirtland, being the purchaser, and the amount bid therefor being the full amount of the mortgage debt. No…
2Cases cited4 opinions
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Severin v. ColeSupreme Court of Iowa · 1874
- Gerrard v. Omaha, Niobrara & Black Hills RailroadNebraska Supreme Court · 1883
- Whitney v. HuntingtonSupreme Court of Minnesota · 1886
3Cited by12 opinions
- Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
- City of Toledo v. BrownOhio Supreme Court · 1936
- Gamble v. GarlockSupreme Court of Minnesota · 1911
- State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
- Burger v. City of St. PaulSupreme Court of Minnesota · 1954
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