F. & H. Investment Co. v. Sackman-Gilliland Corp.

Appeal from the denial of plaintiffs’ motion for summary-judgment. Plaintiffs sought to set aside a mortgage foreclosure on the ground that foreclosure by advertisement authorized by Minn. St. c. 580 is an unconstitutional deprivation of property prohibited by the due process clause of U. S. Const. Amend. XIV. The trial court, without specifying the particular questions raised, certified to this court the broad issue of constitutionality. We remand the cause to the trial court.

This action was initially brought by the F. & H. Investment Company, the mortgagor of the real estate. Some time…