Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, as grantee of the mortgagor, to recover the amount of costs and disbursements collected by defendant, as mortgagee, on foreclosure by advertisement of a real-estate mortgage, upon the ground that the affidavit of costs and disbursements had not been filed within the time limited by statute. From a judgment entered in favor of defendant upon the pleadings, pursuant to an order of Elliott, J., plaintiff appealed.
Read the full summary
Action in the district court for Hennepin county by plaintiff, as grantee of the mortgagor, to recover the amount of costs and disbursements collected by defendant, as mortgagee, on foreclosure by advertisement of a real-estate mortgage, upon the ground that the affidavit of costs and disbursements had not been filed within the time limited by statute. From a judgment entered in favor of defendant upon the pleadings, pursuant to an order of Elliott, J., plaintiff appealed. Without a strict compliance with the statutory conditions upon which the mortgagee can retain any sum for costs, he has…
1Opinion of the CourtBrown, J.
This action was brought to recover the amount of certain costs and expenses incurred in the foreclosure of a real-estate mortgage, on the ground that the mortgagee failed to file the proper affidavit of costs within the time prescribed by statute. Defendant had judgment in the court below, and plaintiff appeals.
There is but one question in the case, and that is whether *65Laws 1895, c. 308, is a constitutional and valid statute. The facts are short. Defendant was the owner of a mortgage upon several lots or tracts of land; the indebtedness secured being-divided into specific amounts, and secured…
2Cases cited15 opinions
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- State v. CassidySupreme Court of Minnesota · 1875
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Mechanics' & Working-Men's Mutual Savings Bank & Building Ass'n v. AllenSupreme Court of Connecticut · 1859
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tissino v. MavrakisWyoming Supreme Court · 1951
- Merchants National Bank v. City of East Grand ForksSupreme Court of Minnesota · 1905
- Calderwood v. Jos. Schlitz Brewing Co.Supreme Court of Minnesota · 1909
- Snortum v. SnortumSupreme Court of Minnesota · 1923
- Curtiss & Yale Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
3 more not listed; retrieve them via the Exa API.