Seiler v. Wilber
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried by Vanderburgh, J., without a jury.
1Opinion of the Court
GileillaN, C. J.*
The plaintiff, March 31, 18T3, executed to defendant a mortgage upon real estate, with the usual power of sale, to secure a promissory note for $525. Several payments were made on this note. 'March 15,18T9, defendant foreclosed the mortgage under the power. In his notice of sale he claimed as due considerably more than was due by the terms of the note and mortgage, after deducting the pajunents. He bid in the premises at the sale at a sum equal to the amount so claimed and the costs of foreclosure. Plaintiff after-wards redeemed, paying the amount so bid, with interest and…
2Cases cited5 opinions
- Dickerson v. HayesSupreme Court of Minnesota · 1879
- Spottswood v. HerrickSupreme Court of Minnesota · 1876
- Southern Minnesota Railroad v. StoddardSupreme Court of Minnesota · 1861
- Moody v. RathburnSupreme Court of Minnesota · 1862
- Taylor v. BurgessSupreme Court of Minnesota · 1880
3Cited by3 opinions
- Peterson v. JohnsonWyoming Supreme Court · 1934
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
- Ekeberg v. MackaySupreme Court of Minnesota · 1911