Larocque v. Chapel
Supreme Court of Minnesota
Action in the district court for Ramsey county. The case was tried before C. D. Kerr, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtMitchell, J.
This action was brought to recover from the sheriff an alleged surplus upon a foreclosure under a power of sale, to the extent of the expenses of foreclosure, including the stipulated attorney’s fees. It is based upon an alleged failure to comply with the requirements of G. S. 1894, § 6051, that an affidavit of the costs and disbursements embraced in the foreclosure sale shall be made and filed “within 10 days after foreclosure.” The auction sale took place on September 18. The certificate of sale was executed by the sheriff on September 27, and recorded on September 29. The affidavit of…
2Cases cited6 opinions
- Arnot v. McClureNew York Supreme Court · 1847
- Jackson, ex dem. Butler v. GardnerNew York Supreme Court · 1811
- Johnson v. CocksSupreme Court of Minnesota · 1887
- Johnson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1895
- Smith v. BuseSupreme Court of Minnesota · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.Supreme Court of Minnesota · 1901
- Lindgren v. LindgrenSupreme Court of Minnesota · 1898
- Brown v. BakerSupreme Court of Minnesota · 1896
- Hudson v. Upper Michigan Land Co.Supreme Court of Minnesota · 1925