Hathorn v. Butler
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial. The foreclosure was null and void, because in violation of the statute requiring assignments to be recorded, and the notice to state the name of the assignee. Butler did not remain legal owner, or trustee, after her assignment.
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Appeal by plaintiff from an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial. The foreclosure was null and void, because in violation of the statute requiring assignments to be recorded, and the notice to state the name of the assignee. Butler did not remain legal owner, or trustee, after her assignment. Since a foreclosure by advertisement can be made only by virtue of a power of sale, the foreclosure, as the act of Butler, was void. Dunning v. McDonald, 54 Minn. 1; Lee v. Clary, 38 Mich. 223; Mies v. Ransford, 1 Mich. 338; Wiltse, Mort. Forec. §§…
1Opinion of the Court
COLLINS, J.1
When the mortgage in question was foreclosed under the power therein contained in the name of defendant Butler, as assignee, he had no interest pecuniary or otherwise in the same, although his title of record appeared perfect, there having been placed, upon record an assignment of the mortgage from the original mortgagee to him. And this assignment and the record of the same were stated and specified in the notice of foreclosure printed and published by Butler under the provisions of G. S. 1894, § 6033. In fact, the defendant Mann had paid, of her own money, the amount required to…
2Cases cited2 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Dunning v. McDonaldSupreme Court of Minnesota · 1893
3Cited by10 opinions
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Moore v. CarlsonSupreme Court of Minnesota · 1910
- Peterson v. JacobsMichigan Supreme Court · 1942
- Clark v. MitchellSupreme Court of Minnesota · 1900
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