Pace v. Chadderdon
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF SCOTT COUNTY. Points and authorities o’f Respondent: First. — In order to render a sale under a statute foreclosure valid, it is indispensably requisite that the notice of sale should specify the time, as well as the place of sale.
Read the full summary
APPEAL FROM THE DISTRICT COURT OF SCOTT COUNTY. Points and authorities o’f Respondent: First. — In order to render a sale under a statute foreclosure valid, it is indispensably requisite that the notice of sale should specify the time, as well as the place of sale. See Section 5, Chap. 75 of the Compiled Statutes; page 644. Second. — The notice of sale in this case, stated that the sale would take place on Monday the 26th day of February, 1860. Now, the 26th day of February, 1860, was Sunday. The notice was therefore uncertain, tantamount to naming no day at all. The notice was therefore…
1Opinion of the CourtAtwater, J.
By the Court. This action was brought by Pace, the Plaintiff below, to recover possession of certain real estate, situate in Scott county, of which the Plaintiff claimed to be owner in fee, and alleged that the Defendant was wrongfully in possession of the same. The answer sets up a mortgage given by the Plaintiff, August 17th, 1857, to one King, the grantor of the Plaintiff, and by him duly assigned to the Defendant, that said mortgage had become due and had been *501foreclosed, before tbe commencement of this action, and. that the Defendant had purchased the premises on the foreclosure sale, on…
2Cases cited12 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Collins v. TorryNew York Supreme Court · 1810
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lane v. HolmesSupreme Court of Minnesota · 1893
- Blessett v. TurcotteNorth Dakota Supreme Court · 1912
- Cargill v. ThompsonSupreme Court of Minnesota · 1894