Blake v. McKusick
Supreme Court of Minnesota
This was an action brought by Blake against McKusick to recover a balance clue on a promissory note. Issue was joined in the action, and the same was tried at the District Court in Washington County at the November Term, 1868, by the Court, without a jury.
Read the full summary
This was an action brought by Blake against McKusick to recover a balance clue on a promissory note. Issue was joined in the action, and the same was tried at the District Court in Washington County at the November Term, 1868, by the Court, without a jury. The following are the facts as found by the Court: That McKusick made, executed and delivered to Blake the promissory note mentioned in the complaint, which was secured by a mortgage containing the usual power of sale, duly executed by said McKusick and wife to Blake, on certain real estate in Washington County. Default having been made in…
1Opinion of the Court
By the Court —
Wilson, C. J.
— The Appellant can not be heard in this case to deny the validity of the mortgage sale.
That sale was confirmed by the Court, not only by his consent, but at his instance. See Blake vs. McKusick, 8 Minn. Rep., 338.
The evidence and the facts fully justify the findings of the’ Judge, who tried this cause below, “ That the entry of the plain*255tiff into said premises was made under the- mortgage sale and foreclosureand “ that the defendant before the commencement of this action ratified and approved said salé.” This being the case, it is too well settled to admit of a…
2Cases cited1 opinion
- Blake v. McKusickSupreme Court of Minnesota · 1863
3Cited by1 opinion
- American National Bank v. BlaeserSupreme Court of Minnesota · 1982