Parke v. Hush
Supreme Court of Minnesota
Action to quiet title to certain vacant and unoccupied land in Hen-nepin county. Plaintiff’s title rested upon a purchase at an execution sale. Defendant claimed title through redemption from this sale, under Gen. St. 1878, c. 66, § 323, as a subsequent creditor. The action was tried in the district court for Hennepin county, by Young, J., without a jury, and judgment was entered for defendant, from which plaintiff appeals.
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Action to quiet title to certain vacant and unoccupied land in Hen-nepin county. Plaintiff’s title rested upon a purchase at an execution sale. Defendant claimed title through redemption from this sale, under Gen. St. 1878, c. 66, § 323, as a subsequent creditor. The action was tried in the district court for Hennepin county, by Young, J., without a jury, and judgment was entered for defendant, from which plaintiff appeals. The case is stated in the opinion. cited, Pamperin v. Seanlan, 28 Minn. 345; McLagan v. Brown, 11 Ill. 519; Merry v. Bostwich, 13 Ill. 398; Watson v. Beissig, 24 Ill. 281;…
1DissentMitchell, J.
I am unable to concur with my brethren in the conclusion arrived at by them in this case. I think that the defendant, as a redemptioner under his judgment lien, was required to pay the amount bid by plaintiff on both execution sales. Our stat*437utes governing redemptions from execution and mortgage sales are exceedingly defective. In certain cases a purchaser at such sales might use another lien held by him as a club to deter other creditors from redeeming, and thus get the property for the amount of his bid, and still hold the debt secured by such other lien-as an unsatisfied personal demand…
2Cases cited3 opinions
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- Vandyke v. HermanCalifornia Supreme Court · 1853