Pinney v. Fridley
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE HENNEPIN COUNTY. Points and authorities for Apjmllant. I.The complaint does not state facts sufficient to constitute a cause of action. It shows no title in Respondent. 1. The complaint discloses no authority nor facts entitling the mortgagee to give notice of foreclosure.
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APPEAL EROM THE DISTRICT COURT OE HENNEPIN COUNTY. Points and authorities for Apjmllant. I.The complaint does not state facts sufficient to constitute a cause of action. It shows no title in Respondent. 1. The complaint discloses no authority nor facts entitling the mortgagee to give notice of foreclosure. The existence of neither of the following requisite facts appears: That the said mortgage contained any power of sale; that the same, or any power of sale was ever recorded; that any default had occurred in any condition of said mortgage, whereby the power of sale, if any, became operative,…
1Opinion of the Court
By the Court
Flandrau, J.
The action is for the recovery of the possession of real estate. The complaint is framed under the forcible entry and detainer act, (Comp. Sts., ch. 77,) for holding oAmr after sale under a mortgage foreclosure by advertisement. The pleader has undertaken to set out all the chain of facts by which, the title Avas transferred from the Defendant to the Plaintiff, and through AAdiich the Plaintiff has become entitled to the possession which he claims in this action. The principal difficulty we encounter in determining upon the sufficiency of this complaint is, Atdiether…
2Cited by11 opinions
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- City of Winfield v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
- Hayes-Young Tie Plate Co. v. St. Louis Transit Co.Court of Appeals for the Eighth Circuit · 1905
- Spurck v. Civil Service BoardSupreme Court of Minnesota · 1950
- Webb v. BidwellSupreme Court of Minnesota · 1870
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