Whalley v. Eldridge
Supreme Court of Minnesota
This was an action to foreclose a mortgage, begun in the district court for Bamsey county in February, 1877. The complaint alleged that the mortgage was executed April 30, 1859, by T. B. B. Eldridge and Calvin J. Burnell, and was given to secure the payment of three promissory notes; that the last of said notes came due May 3,1862, and that the greater portion of said notes was still unpaid; that on May 24, 1860, the said T. B. B. Eldridge conveyed all his interest in the…
Read the full summary
This was an action to foreclose a mortgage, begun in the district court for Bamsey county in February, 1877. The complaint alleged that the mortgage was executed April 30, 1859, by T. B. B. Eldridge and Calvin J. Burnell, and was given to secure the payment of three promissory notes; that the last of said notes came due May 3,1862, and that the greater portion of said notes was still unpaid; that on May 24, 1860, the said T. B. B. Eldridge conveyed all his interest in the mortgaged premises to the said Burnell; that on April 18, 1861, Burnell conveyed the same premises to Catherine A.…
1Opinion of the CourtGilfillan, C. J.
By Gen. St. c. 66, § 11, title 2, every action to foreclose a mortgage must be commenced within twenty years after the cause of action occurs. Laws of 1870, e. 60, amended this section, reducing the time to ten years. Section 15 of c. 66 contains the general provision that “if, when a cause of action accrues against a person, he is out of “the state, the action may be commenced within the times herein limited, after his return to the state,” etc.
The appellant claims that this refers only to a personal .action or action in personam, and has no application to an action in rem; and that, as an…
2Cited by20 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Bardwell v. CollinsSupreme Court of Minnesota · 1890
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hill v. TownleySupreme Court of Minnesota · 1891
- Zoll v. CarnahanSupreme Court of Missouri · 1884
15 more not listed; retrieve them via the Exa API.