Mogan v. Carter
Supreme Court of Minnesota
Appeal by Michael A. Harmon, one of the defendants, from a judgment of the District Court of Hennepin County, Chas. M. Pond, J., entered February 18, 1893, granting to plaintiffs the relief they ■asked. Frederick G. Mayo mortgaged to Eras tus W. Cutter, June 1, 1874, a large number of vacant town lots in Cutter’s Addition to Minneapolis to secure payment of $3,000, part of the purchase price. He had that day bought the lots of Cutter.
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Appeal by Michael A. Harmon, one of the defendants, from a judgment of the District Court of Hennepin County, Chas. M. Pond, J., entered February 18, 1893, granting to plaintiffs the relief they ■asked. Frederick G. Mayo mortgaged to Eras tus W. Cutter, June 1, 1874, a large number of vacant town lots in Cutter’s Addition to Minneapolis to secure payment of $3,000, part of the purchase price. He had that day bought the lots of Cutter. The mortgage •contained the usual power of salé in case of default in payment, and was recorded in Hennepin County Registry. On October 5, 1874, Cutter borrowed…
1Opinion of the CourtGilfillan, C. J.
Assuming that the foreclosure of the mortgage by Newell was invalid, it was so by reason of the defect in the notice or publication thereof, — that it was not published for a sufficient period after he had a right to foreclose under the power by the record of the assignment of the mortgage to him. The case, therefore, is similar to Russell v. H. C. Akeley Lumber Co., 45 Minn. 376, (48 N. W. Rep. 3,) and comes within the provisions of Laws 1883, ch. 112, which, as said in that case, was designed for just such'and similar cases. Either Mayo, the mortgagor, or the judgment creditors in the…
2Cases cited2 opinions
- Russell v. H. C. Akeley Lumber Co.Supreme Court of Minnesota · 1891
- Appleby v. St. Paul City Railway Co.Supreme Court of Minnesota · 1893
3Cited by2 opinions
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- Cone v. ParishDistrict Court, N.D. Texas · 1940