Anderson v. Minnesota Loan & Trust Co.
Supreme Court of Minnesota
Action by Marguerite Anderson against the Minnesota Loan & Trust Company to recover a surplus remaining in its hands as mortgagee in possession during the year of redemption from foreclosure, such surplus and their right thereto having been assigned to plaintiff by the mortgagors. There had been two mortgages on the property in question, both executed by the same parties as mortgagors, and the second mortgagee had been for some time in possession by agreement with them.
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Action by Marguerite Anderson against the Minnesota Loan & Trust Company to recover a surplus remaining in its hands as mortgagee in possession during the year of redemption from foreclosure, such surplus and their right thereto having been assigned to plaintiff by the mortgagors. There had been two mortgages on the property in question, both executed by the same parties as mortgagors, and the second mortgagee had been for some time in possession by agreement with them. Previous to the foreclosure of the first mortgage by defendant, it had been placed in possession by agreement with the…
1Opinion of the CourtBuck, J.
In March, 1889, Mary Barteau and her husband, William L. Barteau, owned two vacant lots in the city of St. Paul, upon which they proposed to build a six-story apartment house, and which will be hereinafter alluded to as “Hotel Barteau.” For the purpose of erecting this hotel, they executed to the Minnesota Loan & Trust Company, defendant, a mortgage or trust deed of $100,000 on the property to secure the payment of 100 bonds, of the amount of $1,000 each, with interest at the rate of 6 per cent, per annum. This mortgage was duly recorded in the office of the register of deeds of Ramsey…
Also in this document: Per curiam.
2Cases cited2 opinions
- Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
- Kent v. ChapelSupreme Court of Minnesota · 1897
3Cited by5 opinions
- Fidelity-Philadelphia Trust Co. v. WestSupreme Court of Minnesota · 1929
- Brynjolfson v. OsthusNorth Dakota Supreme Court · 1903
- Gandrud v. HansenSupreme Court of Minnesota · 1941
- Beberman v. BebermanSupreme Court of Minnesota · 1954
- Lemon v. DworskySupreme Court of Minnesota · 1941