Legal Opinion

Standish v. Vosberg

Supreme Court of Minnesota

Decided September 13, 1880PublishedCited by 10 opinions

Appeal by plaintiff from an order of tbe district court for Goodhue county, Crosby J., presiding, sustaining a demurrer to the complaint.

1Opinion of the CourtGilfillan, C. J.

In this ease tbe mortgagee, tbe plaintiff, bad proceeded to foreclose under tbe power, to collect an instalment of interest due, by sale of tbe real estate mortgaged. Before tbe time to redeem from such sale expired, tbe mortgagor redeemed. This action was subsequently brought to foreclose tbe mortgage against tbe same property for tbe remainder of tbe debt. The complaint set forth what bad been done in respect to foreclosing for tbe instalment. On demurrer to tbe complaint it was claimed that tbe lien of tbe mortgage was wholly exhausted by those proceedings. Tbe court below, perhaps misled…

2Cases cited3 opinions

  1. Horton v. MaffittSupreme Court of Minnesota · 1869
  2. Fowler v. JohnsonSupreme Court of Minnesota · 1880
  3. Warren v. FishSupreme Court of Minnesota · 1862

3Cited by10 opinions

  1. Flanders v. AumackOregon Supreme Court · 1897
  2. North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
  3. Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
  4. McQueeney v. ToomeyMontana Supreme Court · 1907
  5. Doescher v. SprattSupreme Court of Minnesota · 1895

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