Clifford v. Tomlinson
Supreme Court of Minnesota
Action in justice court to recover the possession of lands held by defendants after the foreclosure of a mortgage thereon. From a judgment in favor of plaintiff defendants appealed upon questions of law and fact to the municipal court of St. Paul. From a judgment of the municipal court in favor of plaintiff, entered in pursuance of the findings and order of Twohy, J., defendants appealed.
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Action in justice court to recover the possession of lands held by defendants after the foreclosure of a mortgage thereon. From a judgment in favor of plaintiff defendants appealed upon questions of law and fact to the municipal court of St. Paul. From a judgment of the municipal court in favor of plaintiff, entered in pursuance of the findings and order of Twohy, J., defendants appealed. In foreclosure by advertisement the parties are held strictly to the statutory requirements. Parret v. Shaubhut, 5 Minn. 258 (323); Ross v. Worthington, 11 Minn. 323 (438); Johnson v. Sandhoff, 30 Minn. 197,…
1Opinion of the CourtBuck, J.
We do not deem it necessary to consider any question except the one which relates to the erroneous date of the mortgage in the notice of foreclosure by advertisement. The mortgage contained the usual power of sale, and was dated February 26, 1890; and upon default in the conditions thereof the mortgagee attempted to foreclose the same by advertisement, but in the printed notice of foreclosure he erroneously stated the date of the mortgage as February 24, 1890. Our statute in regard to foreclosure of mortgages by advertisement provides that every such notice shall specify “the date of the…
2Cases cited1 opinion
- Martin v. BaldwinSupreme Court of Minnesota · 1883
3Cited by7 opinions
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- Badrawi v. Wells Fargo Home Mortgage, Inc.Court of Appeals for the Eighth Circuit · 2013
- Lau v. ScribnerMichigan Supreme Court · 1917
- Jensen v. AndrewsSouth Dakota Supreme Court · 1917
- Peaslee v. RidgwaySupreme Court of Minnesota · 1901
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