Aldrich v. Chase
Supreme Court of Minnesota
Appeal by plaintiff from that part of a judgment of the district court for Hennepin county adjudging the defendant White to be the owner of the real estate described in the complaint, which was entered pursuant to findings and order of Simpson, J. The practice followed in the application to amend the judgment was correct.
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Appeal by plaintiff from that part of a judgment of the district court for Hennepin county adjudging the defendant White to be the owner of the real estate described in the complaint, which was entered pursuant to findings and order of Simpson, J. The practice followed in the application to amend the judgment was correct. Welch v. Marks, 39 Minn. 481. White, when about to purchase the property, finding the mortgage of record, and the judgment purporting to annul the mortgage, was bound to examine the proceedings upon which the judgment was based and is chargeable with knowledge of everything…
1Opinion of the CourtMitchell, J.
This was an action to foreclose a real-estate mortgage, the only defendant appearing being White, a subsequent purchaser of the mortgaged premises.
A foreclosure under the power was set aside, because there was nothing due when the foreclosure proceedings were commenced, the whole interest being forfeited .by the fact that the note drew a greater rate of interest after maturity than before. Chase v. Whitten, 51 Minn. 485, 53 N. W. 767. On July 10, 1893, a final judgment was entered in that action, adjudging not only the foreclosure sale but also the mortgage itself null and void and of no…
2Cases cited6 opinions
- Lord v. HawkinsSupreme Court of Minnesota · 1888
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Chase v. WhittenSupreme Court of Minnesota · 1895
- Chase v. WhittenSupreme Court of Minnesota · 1892
- Drew v. City of St. PaulSupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rine v. WagnerSupreme Court of Iowa · 1907
- Stuart v. ColemanSupreme Court of Oklahoma · 1920
- Carl v. DetoffolSupreme Court of Minnesota · 1946
- Chaney v. Minneapolis Community Development AgencyCourt of Appeals of Minnesota · 2002
- Lee v. DuncanConnecticut Appellate Court · 2005
5 more not listed; retrieve them via the Exa API.