Ekeberg v. Mackay
Supreme Court of Minnesota
Action in tbe district court for Koochiching county to enjoin defendants from further proceedings in the foreclosure of a certain mortgage under the power of sale therein contained, until the amount due and owing thereunder should be ascertained and determined by court and for a temporary injunction pending trial.
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Action in tbe district court for Koochiching county to enjoin defendants from further proceedings in the foreclosure of a certain mortgage under the power of sale therein contained, until the amount due and owing thereunder should be ascertained and determined by court and for a temporary injunction pending trial. Erom an order, Stanton, J., providing among other things that “the said defendants and alL persons acting under them refrain from selling any of the property under the mortgage described in the complaint herein, unti] the final determination of the above entitled action,” defendants…
1Opinion of the CourtSimpson, J.
The plaintiff, being indebted to Stone-Ordean-Wells Company and F. A. Patrick & Company, corporations, and expecting to become further indebted to these corpo"ations by purchases of goods, on February 6, 1908, executed a real estate mortgage to the defendant Mackay, as trustee, to secure the payment of such indebtedness at the time at which the same might become due, to an amount not to exceed $4,500. The mortgage contained the usual power of sale in case of default in payments. The mortgagee, on August 26, 1910, because of a default in the payment of $4,388.81 claimed to be due, gave the…
2Cases cited12 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Rich v. BraxtonSupreme Court of the United States · 1895
- More v. CalkinsCalifornia Supreme Court · 1890
- Dickerson v. HayesSupreme Court of Minnesota · 1879
- Alston v. Morris & Co.Supreme Court of Alabama · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cramond v. AFL-CIOSupreme Court of Minnesota · 1964
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Behrens v. City of MinneapolisSupreme Court of Minnesota · 1937
- Nolan v. GreeleySupreme Court of Minnesota · 1921
- Minneapolis Electric Lamp Co. v. Federal Holding Co.Supreme Court of Minnesota · 1924
6 more not listed; retrieve them via the Exa API.