Baldwin v. Allison
Supreme Court of Minnesota
WRIT or ERROR TO THE DISTRICT COURT 03? DAKOTA COUNTY. Points and authorities of Plaintiff in Error. lsi. — A conveyance cannot be set aside in a collateral proceeding; and when a Defendant in ejectment does not deny the title of the Plaintiff, nor allege title in himself, nor any other party under whom he claims, the Plaintiff should recover judgment on the pleadings and proof. 2d. — The sale of the mortgaged premises and the foreclosure of the mortgage was regular, and…
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WRIT or ERROR TO THE DISTRICT COURT 03? DAKOTA COUNTY. Points and authorities of Plaintiff in Error. lsi. — A conveyance cannot be set aside in a collateral proceeding; and when a Defendant in ejectment does not deny the title of the Plaintiff, nor allege title in himself, nor any other party under whom he claims, the Plaintiff should recover judgment on the pleadings and proof. 2d. — The sale of the mortgaged premises and the foreclosure of the mortgage was regular, and vested the fee in the heirs of the mortgagee. Public Statutes, page 438, Section 12 and 13; Public Statutes, page 436,…
1Opinion of the CourtElandrau, J.
By the Court "William E. Allison, the Defendant in error, executed a mortgage upon the premises in question to Rachel A. Baldwin, in her life time. She subsequently died, and Silas H. Baldwin, the Plaintiff in error, was appointed sole administrator of her estate. In the course of the settlement of the estate, he commenced a foreclosure of the mortgage given by William E. Allison, by advertisement under the statute. The notice was in the ordinary form, and signed ■ “ Silas H. Baldwin, administrator of the estate of Rachel A. Baldwin, the said mortgagee deceased,” and also -by the Sheriff of…
2Cases cited1 opinion
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by14 opinions
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Crowley Co. v. Metropolitan Airports CommissionCourt of Appeals of Minnesota · 1986
- Joyner v. . FarmerSupreme Court of North Carolina · 1878
- State ex rel. Greeley County v. MilneNebraska Supreme Court · 1893
- Larsen v. City of St. PaulSupreme Court of Minnesota · 1901
9 more not listed; retrieve them via the Exa API.