Jones v. Ewing
Supreme Court of Minnesota
Defendant mortgaged certain real estate to plaintiff. The mortgage contained the usual poAver of sale, and, upon default in payment, Avas foreclosed by advertisement, the plaintiff becoming the purchaser. After the expiration of the year of redemption plaintiff brought this action for unlawful detainer, under Gen. St. ch. 84, to recover possession of the premises so mortgaged and sold to him. The justice rendered judgment for plaintiff, from which defendant appealed.
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Defendant mortgaged certain real estate to plaintiff. The mortgage contained the usual poAver of sale, and, upon default in payment, Avas foreclosed by advertisement, the plaintiff becoming the purchaser. After the expiration of the year of redemption plaintiff brought this action for unlawful detainer, under Gen. St. ch. 84, to recover possession of the premises so mortgaged and sold to him. The justice rendered judgment for plaintiff, from which defendant appealed. The appeal was heard in the district court for Hennepin county, Vanderburgh, J., presiding, and judgment rendered for defendant…
1Opinion of the CourtCornell, J.
To entitle any party to give notice of the foreclosure of a real estate mortgage by advertisement, and to make such foreclosure, the statute declares that “it is requisite,” among other things, “that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.” Gen. St. ch. 81, § 2.
In setting up a title acquired under such…
2Cited by2 opinions
- Rotzien-Furber Lumber Co. v. FransonSupreme Court of Minnesota · 1913
- Aldinger v. CloseSupreme Court of Minnesota · 1925