Dunning v. McDonald
Supreme Court of Minnesota
Appeal by defendant, Mitchell W. McDonald, from an order of the District Court of Carlton County, O. P. Stearns, J., made November 7,1892, overruling his demurrer to the complaint.
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Appeal by defendant, Mitchell W. McDonald, from an order of the District Court of Carlton County, O. P. Stearns, J., made November 7,1892, overruling his demurrer to the complaint. The plaintiffs, Genevieve M. Dunning, William R McMahan, Minnie E. Lee, William A. Kennedy and Emma K. Morris, brought this action September 10, 1892, against Mitchell W. McDonald, the Duluth and Superior Investment Company, and the St. Louis Investment Company, to foreclose a mortgage given by McDonald July 8, 1890, to Genevieve M. Dunning, upon the east half of the southwest quarter of section fourteen, (14,) T.…
1Opinion of the CourtGilfillan, C. J.
Defendant McDonald executed to plaintiff Dunning a mortgage upon real estate, with the usual power of sale, dated July 8, 1890, recorded July 19, 1890. March 28, 1891, the mortgagee began to foreclose under the power, by notice in her name, as mortgagee, first published on that day. March 31, 1891, she duly assigned to one of the other plaintiffs an undivided one-sixth of the debt and mortgage; to another, an undivided one-sixth; to another, an undivided one-sixth; to another, an undivided two-sixths ; leaving an undivided one-sixth in herself. One of these assignments was recorded April 29,…
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