Crombie v. Little
Supreme Court of Minnesota
Action brought in October, 1890, in the district court for St. Louis county, to determine defendants’ adverse claim to a vacant lot in Duluth. Trial before Stearns, J., who ordered judgment for plaintiff. Appeal by defendants from an order refusing a new trial.
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Action brought in October, 1890, in the district court for St. Louis county, to determine defendants’ adverse claim to a vacant lot in Duluth. Trial before Stearns, J., who ordered judgment for plaintiff. Appeal by defendants from an order refusing a new trial. The lot in dispute is part of a tract patented to the defendant Little by the United States on October 5, 1860, on an entry made' by him on December 1, 1858. The plaintiff claimed title under the purchaser at a sale of the land made August 5,1865, in a suit in the same court to foreclose a mortgage executed December 1, 1858, by the…
1Opinion of the CourtMitchell, J.
The question involved in this case is the validity of the foreclosure by action in 1864-65 of a mortgage executed by defendant Little, in which the summons was served- by publication. While a great number of points have been made against this foreclosure, yet, in our judgment, the whole case turns upon the validity of the service of the summons by publication; for, if it was duly served so that the court acquired jurisdiction to proceed in the action, everything in the subsequent proceedings to which objection is made would be, at most, merely irregularity or error, which would not affect the…
2Cases cited7 opinions
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Lane v. InnesSupreme Court of Minnesota · 1890
- State v. BarrettSupreme Court of Minnesota · 1889
- Burr v. SeymourSupreme Court of Minnesota · 1890
- Muller v. BoggsCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Swogger v. TaylorSupreme Court of Minnesota · 1955
- Leigh v. GreenNebraska Supreme Court · 1901
- Bond v. Pennsylvania RailroadSupreme Court of Minnesota · 1914
- H. L. Spencer Co. v. KoellSupreme Court of Minnesota · 1904
- Halbouer v. CueninSupreme Court of Colorado · 1909
14 more not listed; retrieve them via the Exa API.