Hillebert v. Porter
Supreme Court of Minnesota
This action was brought in the district court for Eedwood county, to recover possession of certain land on which plaintiff had foreclosed a mortgage, which the'defendant (the mortgagor) claims to have redeemed. A jury was waived, and the action tried by Cox, J.; judgment was ordered for defendant, and the plaintiff appeals from an order refusing a new trial. It is well settled that the legislature has complete control over what pertains to the mere remedy.
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This action was brought in the district court for Eedwood county, to recover possession of certain land on which plaintiff had foreclosed a mortgage, which the'defendant (the mortgagor) claims to have redeemed. A jury was waived, and the action tried by Cox, J.; judgment was ordered for defendant, and the plaintiff appeals from an order refusing a new trial. It is well settled that the legislature has complete control over what pertains to the mere remedy. Gen. St. 1878, c. 81, § 13, relates to the remedy, and does not impair the obligation of contracts. Gooley on Const. Dim. 286; Conkey v.…
1Opinion of the CourtGilfillan, C. J.
In 1876, defendant executed to plaintiff a mortgage upon real estate, containing the usual power of sale, and bearing interest at the rate of 12 per cent, per annum. In 1879, plaintiff duly foreclosed the mortgage under the power, and bid in the property at the sale. Within the year allowed the mortgagor to re*497deem, defendant, for the purpose of redeeming, paid to the sheriff the amount bid at the sale, with interest at the rate of 7 per cent, per annum, and received from the sheriff, and caused to be duly recorded, the usual certificate of redemption. At the time the mortgage was executed,…
2Cases cited5 opinions
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- State v. LaliyerSupreme Court of Minnesota · 1860
- Burt v. McKinstrySupreme Court of Minnesota · 1860
- Hope v. StoneSupreme Court of Minnesota · 1865
- Berthold v. FoxSupreme Court of Minnesota · 1868
3Cited by17 opinions
- Travelers Insurance v. MarshallTexas Supreme Court · 1934
- Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
- Merrill v. DearingSupreme Court of Minnesota · 1884
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
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