Ozmun v. Reynolds
Supreme Court of Minnesota
On the 20th day of June, 1865, the plaintiff filed his complaint in the office of the clerk of the District Court for Olmsted County, and on the same day, summons was served on the defendant Reuben Reynolds. The action was brought to foreclose a mortgage executed by said defendant and wife to Clinton Bowker, dated July 1, 185T, to secure the payment of a promissory note executed by said Reynolds to said Bowker of same date, and due one year thereafter.
Read the full summary
On the 20th day of June, 1865, the plaintiff filed his complaint in the office of the clerk of the District Court for Olmsted County, and on the same day, summons was served on the defendant Reuben Reynolds. The action was brought to foreclose a mortgage executed by said defendant and wife to Clinton Bowker, dated July 1, 185T, to secure the payment of a promissory note executed by said Reynolds to said Bowker of same date, and due one year thereafter. The answer for a defense alleges that the cause of action did not accrue within six years next before the commencement of the action. To this…
1Opinion of the Court
By the Court
Wilson, Oh. J.
I think our statute limiting the time for the commencement of actions, applies as well to equitable as to legal proceedings. The first section of the chapter on limitations provides that “ the distinctions between forms of actions at law heretofore existing are abolished, and there shall be in this Territory hereafter but one form .of action at law? Section 3, of the same chapter, provides that *470“ actions can only be commenced within the periods prescribed in this chapter.” It will be observed that the application of the first section is limited to “ actions at law”…
2Cases cited1 opinion
- Belknap v. GleasonSupreme Court of Connecticut · 1836
3Cited by3 opinions
- Eastman v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1866
- Daniel J. Palen v. NewRez LLC, doing business as Shellpoint Mortgage ServicingDistrict Court, D. Minnesota · 2025
- Phelps v. LoyhedU.S. Circuit Court for the District of Minnesota · 1871