Smith v. Valentine
Supreme Court of Minnesota
This was an action of ejectment commenced in the court of common pleas for Bamsey county. It was admitted that on the ó5th day of February, 1851, one Charles K. Smith, since deceased, was the owner of the premises in dispute. The plaintiffs claim as his widow, and heirs-at-law, the defendant, through intermediate conveyances, from the purchaser at a foreclosure sale under a mortgage executed by said Charles K. Smith to one Vetal Guerin.
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This was an action of ejectment commenced in the court of common pleas for Bamsey county. It was admitted that on the ó5th day of February, 1851, one Charles K. Smith, since deceased, was the owner of the premises in dispute. The plaintiffs claim as his widow, and heirs-at-law, the defendant, through intermediate conveyances, from the purchaser at a foreclosure sale under a mortgage executed by said Charles K. Smith to one Vetal Guerin. The important issue in the case was as to the validity of this foreclosure. The cause was tried before a jury who found for the defendant. The plaintiffs…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The question in this case was as to whether the mortgage from Smith to Guerin has been foreclosed or not.
The papers* whatever they were, in the suit brought for that purpose by Guerin against Smith, have been lost-
But the defendant at the trial introduced evidence tending and sufficient (if competent) to establish the fact that a decree of sale of the mortgaged premises was made, and signed by the judge; that the property was sold, and a report of sale made by the person appointed to sell, and that. a final decree of confirmation of said sale was made and signed by…
2Cases cited10 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Ex Parte Story v. StorySupreme Court of the United States · 1838
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Kipp v. FullertonSupreme Court of Minnesota · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grieve v. HuberWyoming Supreme Court · 1930
- Johnson v. HunterU.S. Circuit Court for the District of Eastern Arkansas · 1904