Heyward v. Judd
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. This action was brought by tbe Defendant in error to recover tbe possession of certain real estate in tbe County of Ramsey, under See. 12, et seq., Chap. 71, ¶. 649, Slat, of Minn., before E. E. Strother, Escp, a Justice of the Peace for Ramsey County.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. This action was brought by tbe Defendant in error to recover tbe possession of certain real estate in tbe County of Ramsey, under See. 12, et seq., Chap. 71, ¶. 649, Slat, of Minn., before E. E. Strother, Escp, a Justice of the Peace for Ramsey County. The complaint set forth, substantially, the following facts : The execution and delivery of a mortgage by James F. Heyward, (deceased,) and Maria T. his wife, upon certain real estate in Ramsey County, to secure an indebtedness of $4,000 and interest, and conditioned, in case of default, for…
1Opinion of the CourtEmmett, C. J.
By the Goivrt. In November, A. D. 1858, James E. Heyward and wife gave a mortgage on certain real estate in the county of Bamsey, to Henry B. Judd, to secure the payment of $1,000.00 and interest, This mortgage contained a power authorizing the mortgagee, in case of default, to sell the mortgaged property, at public sale, “ according to the statute in such case made and provided,” and apply the proceeds in discharge of the debt thus secured. In August A. D. 1860, default having been made, the mortgagee foreclosed by advertisement in pursuance of the power, and became the purchaser at the…
2Cases cited3 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Grimes v. BryneSupreme Court of Minnesota · 1858
3Cited by11 opinions
- Allen v. AllenCalifornia Supreme Court · 1892
- Yeatman v. KingNorth Dakota Supreme Court · 1892
- Archambau v. GreenSupreme Court of Minnesota · 1875
- White v. PrigmoreSupreme Court of Arkansas · 1874
- Moore v. LetchfordTexas Supreme Court · 1872
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