Legal Opinion

Thorp v. Merrill

Supreme Court of Minnesota

Decided February 27, 1875PublishedCited by 10 opinions

Plaintiff made complaint before a justice of the peace, under § 11, ch. 84, Gren. Stat., alleging that he was the assignee of the purchaser of certain mortgaged property, at a sale upon foreclosure by advertisement; that the year allowed for redemption had expired; and that defendant, a grantee of the mortgagor-, continued in possession of the premises, and'refused to surrender the same, though often requested.

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Plaintiff made complaint before a justice of the peace, under § 11, ch. 84, Gren. Stat., alleging that he was the assignee of the purchaser of certain mortgaged property, at a sale upon foreclosure by advertisement; that the year allowed for redemption had expired; and that defendant, a grantee of the mortgagor-, continued in possession of the premises, and'refused to surrender the same, though often requested. The defendant, in her answer, admitted the execution of the mortgage (from one Hunter to one Smith) and the mortgagor’s title, but denied that the mortgage was ever recorded, or ever…

1Opinion of the Court

Berry, J.1

1. In the mortgage from Hunter to Smith, the mortgaged premises are described as “ the west half of the southeast quarter of section fourteen,” etc. In the record attempted to be made of the mortgage in the regis*338try of deeds, the mortgaged premises are described as “the west half of the northeast quarter of section fourteen,” etc. The effect of the error in the record is that the mortgage is not recorded; and as to entitle any party to foreclose a mortgage by advertisement it is “ requisite ” that the same should have been “ duly recorded,” (Gen. Stat., ch. 81, §§ 1, 2,) it follows…

2Cases cited2 opinions

  1. Morrison v. MendenhallSupreme Court of Minnesota · 1872
  2. Ross v. WorthingtonSupreme Court of Minnesota · 1866

3Cited by10 opinions

  1. Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
  2. Johnson v. SandhoffSupreme Court of Minnesota · 1883
  3. Backus v. BurkeSupreme Court of Minnesota · 1892
  4. Hebden v. BinaNorth Dakota Supreme Court · 1908
  5. Stockwell v. BarnumCalifornia Court of Appeal · 1908

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