Legal Opinion

Kleinman v. Neubert

Supreme Court of Minnesota

Decided May 16, 1919No. 21,371PublishedCited by 6 opinions

Action in the district court for Hennepin county to set aside a mortgage foreclosure sale. Defendant’s demurrer to the amended complaint, upon the ground that upon its face it did not state facts sufficient to constitute a cause of action, was sustained, Hale, J. ' From the order sustaining the demurrer, plaintiff appealed.

1Opinion of the Court

TayloR, C.

This is an appeal by plaintiff from an order sustaining a demurrer to his complaint.

Plaintiff is the owner of lots 4, 5 and the north 28 feet of lot 6 in block 4 in Anderson, Douglas and Company’s First Addition to Minneapolis, on which there are two apartment buildings, one on lot 4 and the other partly on lot 5 and partly on the north 28 feet of lot 6. Plaintiff acquired the property subject to a first mortgage of $12,000 and a second mortgage of $18,000, executed by his predecessor in title. Defendant, the holder of the second mortgage, foreclosed it for nonpayment of interest in…

2Cases cited6 opinions

  1. Keller v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1880
  2. Fowler v. JohnsonSupreme Court of Minnesota · 1880
  3. Willard v. FinneganSupreme Court of Minnesota · 1890
  4. Clark v. KrakerSupreme Court of Minnesota · 1892
  5. Phelps v. Western Realty CoSupreme Court of Minnesota · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
  2. W. A. H. Church, Inc. v. HolmesCourt of Appeals for the D.C. Circuit · 1931
  3. William v. Travelers Insurance Co. (In Re Reinboldt)United States Bankruptcy Court, D. Minnesota · 1983
  4. Federal Land Bank v. NeffSupreme Court of Minnesota · 1928
  5. State v. ZacherCourt of Appeals of Minnesota · 1992

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