Fagan v. People's Savings & Loan Ass'n
Supreme Court of Minnesota
Appeal by defendant, the People’s Savings and Loan Association, from an order of the District Court of Hennepin County, Seagrave Smith, J., made March 13, 1893, denying its motion for a new trial. On March 14,1890, Dora Hogan mortgaged to the People’s Building and Loan Association of Minneapolis, her property in that city near the corner of Third Street and Eighth Avenue South, to secure the performance of her contract with it.
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Appeal by defendant, the People’s Savings and Loan Association, from an order of the District Court of Hennepin County, Seagrave Smith, J., made March 13, 1893, denying its motion for a new trial. On March 14,1890, Dora Hogan mortgaged to the People’s Building and Loan Association of Minneapolis, her property in that city near the corner of Third Street and Eighth Avenue South, to secure the performance of her contract with it. She afterwards on March 21,1890, gave a second mortgage on the same property to the plaintiff, James A. Fagan, to secure the payment of her note to him for $1,250 and…
1Opinion of the CourtMitchell, J.
Dora Haugen executed to defendant (then called the-People’s Building & Loan Association) a first mortgage on certain real estate, and then executed a second mortgage on the same property to the plaintiff. Default having been made in the conditions, of the first mortgage, defendant sold the premises under a power,, itself being the purchaser at the sale. Plaintiff brought this action to recover an alleged surplus of the proceeds of sale over and above-the amount due on defendant’s mortgage, claiming that he is entitled to the same as second mortgagee.
1. The first question is whether there was…
2Cases cited8 opinions
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
- Dickerson v. HayesSupreme Court of Minnesota · 1879
- Bailey v. MerrittSupreme Court of Minnesota · 1862
- Spottswood v. HerrickSupreme Court of Minnesota · 1876
- Lane v. HolmesSupreme Court of Minnesota · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pioneer Credit Corporation v. Samuel E. Bloomberg, AssigneeCourt of Appeals for the First Circuit · 1963
- United States Savings & Loan Co. v. ShainNorth Dakota Supreme Court · 1898
- In Re the Foreclosure of the Deed of Trust or Mortgage of Castillian Apartments, Inc.Supreme Court of North Carolina · 1972
- Clarke v. OlsonNorth Dakota Supreme Court · 1900
- Eliason v. SidleSupreme Court of Minnesota · 1895
7 more not listed; retrieve them via the Exa API.