Ekeberg v. Mackay
Supreme Court of Minnesota
Action in tbe district court for Koochiching county to enjoin defendants from further proceedings in the foreclosure of a certain mortgage under the power of sale therein contained, until the amount due and owing thereunder should be ascertained and determined by court and for a temporary injunction pending trial.
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Action in tbe district court for Koochiching county to enjoin defendants from further proceedings in the foreclosure of a certain mortgage under the power of sale therein contained, until the amount due and owing thereunder should be ascertained and determined by court and for a temporary injunction pending trial. Erom an order, Stanton, J., providing among other things that “the said defendants and alL persons acting under them refrain from selling any of the property under the mortgage described in the complaint herein, unti] the final determination of the above entitled action,” defendants…
1DissentBrown, J.
(dissenting.)
Tbe decision in tbis case tbat a substantial overstatement of a mortgage debt in a notice of foreclosure is a sufficient ground for an injunction restraining tbe sale, without a showing of injury or damage, irreparable or otherwise, likely to result therefrom to tbe mortgagor, is a departure from tbe general principles of equity jurisprudence as I understand them. Tbe elementary rule is tbat equity will not interfere witb proceedings at law,- except to prevent some irreparable injury. 1 High, Injunctions, (4th Ed.) 406. Sucb is not the case at bar. Tbe sole basis for the…
2Cases cited6 opinions
- Dickerson v. HayesSupreme Court of Minnesota · 1879
- Spottswood v. HerrickSupreme Court of Minnesota · 1876
- Landis v. OldsSupreme Court of Minnesota · 1864
- Gerdes v. BurnhamSupreme Court of Minnesota · 1900
- Seiler v. WilberSupreme Court of Minnesota · 1882
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