Berthold v. Holman
Supreme Court of Minnesota
Tbis action was commenced in July, 1865, in tbe district court for Washington county, against Patrick Fox and John O’Brian, partners as O’Brian & Fox, Elias W. Holman and William II. 0. Folsom. Tlie complaint alleges that on and prior to the 16tli June, 1858, the defendant Fox and one Taylor were owners in fee of certain described lands in Pine county.
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Tbis action was commenced in July, 1865, in tbe district court for Washington county, against Patrick Fox and John O’Brian, partners as O’Brian & Fox, Elias W. Holman and William II. 0. Folsom. Tlie complaint alleges that on and prior to the 16tli June, 1858, the defendant Fox and one Taylor were owners in fee of certain described lands in Pine county. That on said 16th June, said Taylor and Fox executed a mortgage upon said lands, containing the usual power of sale, to one Amedee Berthold, to secure a debt due from the mortgagors to a firm in St. Louis, which was duly recorded in Pine…
1Opinion of the Court
By the Covrrt
Berry, J.
In this case it appears that under a power contained in a mortgage, a foreclosure sale of lands situate in Pine County was made by the Sheriff of Pine County. The counsel for the respondent insists that although Pine was an organized county, yet inasmuch as it was attached to Chisago for judicial purposes, there could be no sheriff of Pine County, and -no valid sale by any person pretending to be such officer, but the sale should have been made by the Sheriff of Chisago County. The attachment of Pine to Chi-sago County is for jucUeial purposes. Certainly there is nothing…
2Cases cited7 opinions
- Adams v. CorristonSupreme Court of Minnesota · 1862
- Lewis v. BuckSupreme Court of Minnesota · 1862
- Rich v. BakerNew York Supreme Court · 1846
- Reynolds v. La Crosse & Minnesota Packet Co.Supreme Court of Minnesota · 1865
- Hill v. EdwardsSupreme Court of Minnesota · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Carey v. StarrTexas Supreme Court · 1900
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
- Nind v. MyersNorth Dakota Supreme Court · 1906
- Hull v. State ex rel. RollinsSupreme Court of Florida · 1892
12 more not listed; retrieve them via the Exa API.