Atkinson v. Duffy
Supreme Court of Minnesota
Appeal from a judgment of the district court for Meeker county. Tlie complaint, alleging that the plaintiff Abigail A. Atkinson was the owner in fee of certain lands in Meeker county, which had been mortgaged by the defendants to one James A. Cook, and purchased by Mrs. Atkinson at a sale on foreclosure by advertisement of said mortgage, prayed that a sheriff’s certificate of redemption, by the defendants, of the mortgaged lands, might be declared null and void, and that the…
Read the full summary
Appeal from a judgment of the district court for Meeker county. Tlie complaint, alleging that the plaintiff Abigail A. Atkinson was the owner in fee of certain lands in Meeker county, which had been mortgaged by the defendants to one James A. Cook, and purchased by Mrs. Atkinson at a sale on foreclosure by advertisement of said mortgage, prayed that a sheriff’s certificate of redemption, by the defendants, of the mortgaged lands, might be declared null and void, and that the plaintiffs’ title to the lands might be affirmed. The mortgage from the defendants to Cook bore date, and was executed…
1Opinion of the Court
By the Court,
Berry, J.
Inasmuch as the plaintiffs claim title through the foreclosure of a mortgage by advertisement, it would have been well to have alleged in the complaint that the mortgage contained the usual power of sale; but as the mortgage, which was received in evidence without objection appearing, and is reported asan exhibit in the finding of the court, in fact contains a power of sale, the imperfection possesses no practical or substantial import*48anee. Besides, the existence of the power of sale is expressly admitted in the defendants’ answer.
It was entirely proper to publish the…
2Cases cited4 opinions
- State ex rel. Stuart v. KinsellaSupreme Court of Minnesota · 1869
- Boutiller v. Steamboat MilwaukeeSupreme Court of Minnesota · 1863
- Lowell v. North & CarllSupreme Court of Minnesota · 1860
- Hickok v. BlissNew York Supreme Court · 1861
3Cited by4 opinions
- State v. CassidySupreme Court of Minnesota · 1875
- Nash v. TousleySupreme Court of Minnesota · 1881
- Goenen v. SchroederSupreme Court of Minnesota · 1871
- Harrison v. WallisNew York Supreme Court · 1904