Phelps v. Loyhed
U.S. Circuit Court for the District of Minnesota
These two suits are by the same plaintiff to foreclose two mortgages respectively executed by the defendants at the dates stated in the opinion of the court The question in each ease was, whether the decree of foreclosure should order a general execution for any balance which might remain after the sale of the mortgaged estate.
1Opinion of the Court
DILLON, Circuit Judge.
In Phelps v. Loyhed, the bill is to foreclose a mortgage dated May 1. 1858, securing a note falling due May 1, 1859. In Phelps v. Farrington, the bill is to foreclose a mortgage securing a note which matured in 1862. Both suits were commenced in this court in 1S70. The only question in the cases is, whether the decrees shall order a general execution for any balance which may remain after selling the mortgaged estate.
By the statute in force when the mortgages were made, and down to this time, an action at law upon the notes is barred in six years. St. 1849-185S, p. 532;…
2Cases cited1 opinion
- Ozmun v. ReynoldsSupreme Court of Minnesota · 1866