Buettel v. Harmount
Supreme Court of Minnesota
Appeal by defendant Harmount (impleaded with Paul Sharvey, sheriff) from an order of the district court for St. Louis county, Stearns, J., presiding, granting a temporary injunction to restrain foreclosure by advertisement of the mortgage from Franklin B. An-son to defendant Harmount, which is considered in the opinion.
1Opinion of the CourtVanderburgh, J.
It appears from the complaint that plaintiff and one Anson were grantees of the land described therein, subject to a mortgage 'for $2,000, and interest, which had been executed by their grantor, Benjamin F. Smith, to one Davis. Thereafter, on the 19th day of June, 1889, Anson mortgaged his undivided half-interest in the premises to the defendant, Harmount, subject to the first-mentioned mortgage. Subsequently the first mortgage was foreclosed by the assignee thereof, and the mortgaged premises- bid off and purchased by him on the 31st day of December, 1889. It is further shown that Anson took…
2Cases cited4 opinions
- Titsworth v. StoutIllinois Supreme Court · 1868
- Moon v. JenningsIndiana Supreme Court · 1889
- Foster v. JohnsonSupreme Court of Minnesota · 1890
- McLaughlin v. Estate of CurtsWisconsin Supreme Court · 1871
3Cited by8 opinions
- Parten v. First National Bank & Trust Co.Supreme Court of Minnesota · 1938
- Dougherty v. KubatNebraska Supreme Court · 1903
- Powers v. SherrySupreme Court of Minnesota · 1911
- Kirsch v. Scandia American BankSupreme Court of Minnesota · 1924
- Slagle v. SlagleSupreme Court of Minnesota · 1932
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