Babcock v. American Savings & Loan Ass'n
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover a surplus arising on a foreclosure sale. The case was tried before Belden, J., without a jury, who found, among other things, that defendant bid in the property for $13,307.90, which was $2,687.97 in excess of the amount due, and that the property was worth at the time of sale $9,880. From a judgment in favor of plaintiff defendant appealed.
1Opinion of the Court
BUCK, J,
1. The plaintiff, as assignee of Ole Dahl and Mary Dahl, brought this suit to recover of the defendant an alleged surplus bid by it on the foreclosure of a certain mortgage given to it by said Dahls.
We are of the opinion that the first branch of this case is governed by that of Maudlin v. American S. & L. Assn., 63 Minn. 358, 65 N. W. 645. Appellant’s counsel contends that the Maudlin case differs from the case at bar in this: that it was there practically admitted that the property was worth the full amount bid, while in this case the court has found that, notwithstanding the amount…
2Cases cited2 opinions
- Truesdale v. SidleSupreme Court of Minnesota · 1896
- Maudlin v. American Savings & Loan Ass'nSupreme Court of Minnesota · 1896
3Cited by2 opinions
- Clark v. Gaar, Scott & Co.Supreme Court of Minnesota · 1900
- First Minnesota Bank v. Overby Development, Inc.Court of Appeals of Minnesota · 2010