Shumaker v. Hoover

I concur in the result.

I think that the statement in The Frissell Co. v. O’Brien, 204 Minn. 398, 401, 283 N. W. 756, that every day the purchaser at the foreclosure sale is kept out of possession increases the mortgagee’s loss is dictum that is not in accordance with the fact and should be overruled. The mortgagor’s continued possession is often of as much benefit to the mortgagee as to the mortgagor. Such possession results in the preservation and maintenance of buildings, which might otherwise deteriorate and be destroyed, protection of the property, payment of taxes, and other benefits.…