Clark v. Mitchell
Supreme Court of Minnesota
Action in the district court for Hennepin county against Edward C. Mitchell and Horace E. Smith, trustees for Annie I. Mitchell, Mary Matthews and Emma Gregg, and as trustees under the will of L. C. Iungerich, and the will of Annie I. Mitchell, deceased, to set aside a mortgage foreclosure sale. From an order, Harrison, J., sustaining a demurrer to the complaint, plaintiff appealed.
1Opinion of the CourtLovely, J.
Action to set aside a mortgage foreclosure sale by advertisement. Upon demurrer the trial court held that the complaint did not state a cause of action, from which order this appeal presents two questions: First. Was the foreclosure legally made by two parties to whom the assignment of the mortgage was executed as trustees? Second. Was the execution of the certificate of sale by the deputy sheriff in his own name as such deputy valid?
The facts set forth in the complaint may be briefly compressed in the following statement: Louis C. Iungerich, of Philadelphia, died testate, having in his will…
2Cases cited11 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Bottineau v. Ætna Life InsuranceSupreme Court of Minnesota · 1883
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Burke v. BackusSupreme Court of Minnesota · 1892
- Burke v. LacockSupreme Court of Minnesota · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Brown v. ComonowNorth Dakota Supreme Court · 1908
- Soufal v. GriffithSupreme Court of Minnesota · 1924
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.