Legal Opinion

Parsons v. Noggle

Supreme Court of Minnesota

Decided February 6, 1877PublishedCited by 7 opinions

This action was brought in the district court for Hennepin county, by Augustus Parsons and William J. Parsons, against Anna M. Noggle, John R. Webb, and others, to sot aside the foreclosure of a mortgage, for leave to redeem, and for an account of rents and profits, etc. Among other things, the defendants pleaded that the canse of action did not accrue within ton years before the commencement of the action.

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This action was brought in the district court for Hennepin county, by Augustus Parsons and William J. Parsons, against Anna M. Noggle, John R. Webb, and others, to sot aside the foreclosure of a mortgage, for leave to redeem, and for an account of rents and profits, etc. Among other things, the defendants pleaded that the canse of action did not accrue within ton years before the commencement of the action. The trial was had before Vanderburgh, J., who ordered judgment for defendants. A new trial was refused, and plaintiffs appealed.

1Opinion of the Court

Gilfillan, C. J.1

This was a suit to vacate and set aside a judgment and proceedings foreclosing a mortgage upon real estate, and to have an accounting of the rents and profits of the real estate while in possession of the purchaser under said proceedings, and of the amount due on the mortgage, and to be permitted to redeem from the mortgage. The mortgage was executed by the plaintiff Augustus to the defendant John R. Webb, July 12, 1856, to secure two promissory notes, the last one of which came *329•due in two years from said date. After the execution of ■the mortgage, and on the same day,…

2Cases cited4 opinions

  1. Koch v. BriggsCalifornia Supreme Court · 1859
  2. Cunningham v. Hawkins.California Supreme Court · 1864
  3. Holton v. MeighenSupreme Court of Minnesota · 1870
  4. King v. MeighenSupreme Court of Minnesota · 1873

3Cited by7 opinions

  1. Rogers v. BentonSupreme Court of Minnesota · 1888
  2. Backus v. BurkeSupreme Court of Minnesota · 1895
  3. Livingston v. IvesSupreme Court of Minnesota · 1886
  4. Bradley v. NorrisSupreme Court of Minnesota · 1895
  5. Fisk v. StewartSupreme Court of Minnesota · 1880

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