Hayes v. Shaw
Supreme Court of Minnesota
Appeal by the defendant from an order of the district court for St. Louis county, overruling a demurrer to the complaint. The case is stated in the opinion. cited (in addition to the cases referred to in the opinion,) Kelley vs. Hooper, 3 Yerg. 395; Randall’s case, 2 Mod. 308 ; and Haydock. vs. Cobb, 5 Day, 529.
1Opinion of the Court
By the Court.
Berry, J.
On May 20, 1858, O’Brien, the present plaintiff’s intestate, instituted an action in the circuit court for Douglas county, Wisconsin, (a court of general jurisdiction,) against the present defendant, (the mortgagor,) for the foreclosure of a mortgage upon certain real estate. June 2, 1866, the defendant having appeared, judgment was rendered for the foreclosure of the mortgage and for the sale of the mortgaged premises, and that the proceeds of sale be applied to the payment of the amount of the mortgage debt, interest and costs, (adjudged to be $1,249.23) with interest,…
2Cases cited4 opinions
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Coleman v. McAnultySupreme Court of Missouri · 1852
- Stoetzell v. FullertonIllinois Supreme Court · 1867
- Gregory v. HaynesCalifornia Supreme Court · 1863
3Cited by12 opinions
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Cochrane v. ParkerColorado Court of Appeals · 1898
- Coles v. BerryhillSupreme Court of Minnesota · 1887
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- Elliott v. BastianUtah Supreme Court · 1895
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