Taylor v. Burgess
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Steele county, Lord, J., presiding, overruling a demurrer to the complaint, the substance of which is stated in the opinion. The statutory foreclosure by advertisement is a substitute for a judicial sale under a decree, and is equivalent to a foreclosure *and sale under a decree in chancery.
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Appeal by plaintiff from an order of the district court for Steele county, Lord, J., presiding, overruling a demurrer to the complaint, the substance of which is stated in the opinion. The statutory foreclosure by advertisement is a substitute for a judicial sale under a decree, and is equivalent to a foreclosure *and sale under a decree in chancery. Jackson v. Henry, 10 John. 195; Wilson v. Troup, 2 Cow. 195, 230; Warner v. Blakeman, 36 Barb. 501; Bidwell v. Whitney, 4 Minn. 45 (76;) Culbertson v. Lennon, Id. 26 (51;) Banker v. Brent, Id. 408 (521;) Herman Chat. Mtges. § 211. The defendant…
1Opinion of the CourtCornell, J.
Upon the allegations of the complaint, which stand admitted by the demurrer, the mortgage in question was given to secure a note made by plaintiff and delivered to -defendant, dated October 21, 1874, whereby, according to its terms, the former promised to pay to the latter the sum of $1,632, in three years from its date, with interest thereon, payable annually, at the rate of 12 per cent, per annum. The sole consideration of the note was a loan of money amounting to $1,200; and the excess of principal over this sum which was named in the note was for illegal interest upon the loan, which…
2Cases cited2 opinions
- Watkins v. HackettSupreme Court of Minnesota · 1873
- Woolfolk v. BirdSupreme Court of Minnesota · 1876
3Cited by5 opinions
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Carson v. CochranSupreme Court of Minnesota · 1892
- Cornell v. SmithSupreme Court of Minnesota · 1880
- Kleinman v. NeubertSupreme Court of Minnesota · 1919
- Seiler v. WilberSupreme Court of Minnesota · 1882