Legal Opinion

Ed Herman & Sons v. Russell

Supreme Court of Minnesota

Decided June 9, 1995No. C7-93-609PublishedCited by 23 opinions

1Opinion of the Court

OPINION

TOMLJANOVICH, Justice.

Under Minn.Stat. § 582.31(a) (1994), a mortgagee of agricultural property may either obtain and execute a judgment for the debt owed on the note secured by the mortgage, or foreclose on the mortgage and obtain a deficiency judgment, if allowed. On March 23, 1990, Ed Herman & Sons, a Minnesota partnership, and Edward Herman, Gerald Herman and Duane Herman, three of its four partners, brought an action against James Russell and First Bank National Association, appellants, to have a $50,-000 mortgage against agricultural property owned by the partnership declared…

2Cases cited7 opinions

  1. Meister v. Western National Mutual InsuranceSupreme Court of Minnesota · 1992
  2. Victory Highway Village, Inc. v. WeaverDistrict Court, D. Minnesota · 1979
  3. Lenz v. Coon Creek Watershed DistrictSupreme Court of Minnesota · 1967
  4. Material Movers, Inc. v. HillSupreme Court of Minnesota · 1982
  5. National City Bank of Minneapolis v. LundgrenCourt of Appeals of Minnesota · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001
  2. State Ex Rel. Beaulieu v. RSJ, Inc.Supreme Court of Minnesota · 1996
  3. Marriage of Gully v. GullySupreme Court of Minnesota · 1999
  4. Green v. BMW of North America, LLCSupreme Court of Minnesota · 2013
  5. In Re Improvement of Murray County Ditch No. 34Supreme Court of Minnesota · 2000

18 more not listed; retrieve them via the Exa API.

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