Beal v. White
Supreme Court of Minnesota
Plaintiffs brought this action, under Gen. St. 1878, c. 81, § 24, in the district court for Watonwan county, to recover excessive interest embraced in’the foreclosure of certain land which they had mortgaged to defendant. A demurrer to the complaint was overruled by Dickinson, J., and the defendant appealed. cited Horton v. Maffiit, 14 Minn. 289; Daniels v. Smith, 4 Minn. 117, (172;) Donnelly v. Simonton, 7 Minn. 110, (167;) Standish v; Vosberg, 27 Minn. 175.
1Opinion of the CourtGileillan, C. J.
Appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The complaint certainly has serious *7faults in its mode of stating or attempting to state the facts on which plaintiffs rely. But, as it is evident that only the objections made here by the defendant’s points were made in the court below, we will confine our decision to those points. The action is to recover, under Gen. St. 1878, c. 81, § 24, the chapter regulating the foreclosure of mortgages. That section reads: “That the mortgagor, his heirs or…
2Cases cited1 opinion
- Dickerson v. HayesSupreme Court of Minnesota · 1879
3Cited by1 opinion
- Duncan v. CobbSupreme Court of Minnesota · 1884