Hammond v. Flour City Coal and Oil Co.

Thomas Gallagher, Justice.

Action to enjoin foreclosure of a second mortgage on certain real estate in Hennepin county and to have the assignment of the mortgage to defendant Flour City Coal and Oil Company adjudged null and void. (John P. Wall as sheriff is joined as a defendant in such capacity, but for our purposes we shall refer to the company as the only defendant.) The answer alleged that prior to the com mencement of the action plaintiff had sold and conveyed the premises covered by the mortgage and had no interest therein, and otherwise joined in issue the allegations of the complaint.

A…