Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, as grantee of the mortgagor, to recover the amount of costs and disbursements collected by defendant, as mortgagee, on foreclosure by advertisement of a real-estate mortgage, upon the ground that the affidavit of costs and disbursements had not been filed within the time limited by statute. From a judgment entered in favor of defendant upon the pleadings, pursuant to an order of Elliott, J., plaintiff appealed.
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Action in the district court for Hennepin county by plaintiff, as grantee of the mortgagor, to recover the amount of costs and disbursements collected by defendant, as mortgagee, on foreclosure by advertisement of a real-estate mortgage, upon the ground that the affidavit of costs and disbursements had not been filed within the time limited by statute. From a judgment entered in favor of defendant upon the pleadings, pursuant to an order of Elliott, J., plaintiff appealed. Without a strict compliance with the statutory conditions upon which the mortgagee can retain any sum for costs, he has…
1DissentLewis, J.
The conclusion of the court is based upon the premise that at the time of the passage of the curative act the mortgagor had not acquired a vested right. If this premise is false, then it follows that the reasoning thereunder is false. The premise is conceded to be wrong by the admission in the opinion that the case of Perkins v. Stewart, 75 Minn. 21, 77 N. W. 434, was correctly decided. In the case of Johnson v. N. W. Loan & B. Assn., 60 Minn. 393, 62 N. W. 381, and other cases, it has been held by this court that the statute requiring the proofs to be filed was mándatory.
The reasoning of the…
2Cases cited4 opinions
- Wistar v. FosterSupreme Court of Minnesota · 1891
- Johnson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1895
- Perkins v. StewartSupreme Court of Minnesota · 1898
- Lynott v. DickermanSupreme Court of Minnesota · 1896