Eliason v. Sidle
Supreme Court of Minnesota
Action in the district court for Hennepin county by Gustav Eliason against Henry G. Sidle and others. The complaint contained three causes of action, each seeking to recover for an excessive amount of attorney’s fees charged and retained by defendants out of thé proceeds of the foreclosure sale of certain lots, the ownership of which at the date of the sale was in plaintiff, subject to the mortgages which defendants foreclosed.
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Action in the district court for Hennepin county by Gustav Eliason against Henry G. Sidle and others. The complaint contained three causes of action, each seeking to recover for an excessive amount of attorney’s fees charged and retained by defendants out of thé proceeds of the foreclosure sale of certain lots, the ownership of which at the date of the sale was in plaintiff, subject to the mortgages which defendants foreclosed. The other facts constituting plaintiff’s causes of action are stated in the opinion. From an order, Bussell, J., overruling demurrers of defendants to the complaint,…
1Opinion of the CourtCollins, J.
1. The primary question in this case is whether, under the terms of the mortgages, alike in form, the attorney’s fees were to he $25 for each foreclosure, and without regard to the number of lots embraced in such proceedings, or the fees were to be $25 for each lot, whether one or many were included in the foreclosure proceedings. There were three mortgages, each upon a number of lots, and each with a provision that in case of default in payment the mortgage might be foreclosed agreeably to the statute, and out of the moneys arising from the sale the mortgagee might “retain the principal and…
2Cases cited5 opinions
- Hull v. KingSupreme Court of Minnesota · 1888
- Campbell v. WormanSupreme Court of Minnesota · 1894
- Fritz v. McGillSupreme Court of Minnesota · 1884
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
- Morse v. Home Savings & Loan Ass'nSupreme Court of Minnesota · 1895
3Cited by6 opinions
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- Truesdale v. SidleSupreme Court of Minnesota · 1896
- Clark v. Gaar, Scott & Co.Supreme Court of Minnesota · 1900
- Martin v. Piscataquis Savings BankSupreme Judicial Court of Maine · 1974
- Brown v. BakerSupreme Court of Minnesota · 1896
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