Loomis v. Clambey
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Otter Tail county, Baxter and Searle, JJ., overruling defendant’s demurrer to the complaint on the ground that it failed to state a cause of action.
1Opinion of the CourtCollins, J.
From the allegations of the complaint herein, it appears that a mortgage was given upon a single tract of land to secure the payment of a certain promissory note. Two years after the note matured an assignee of the mortgagee foreclosed, under the power of sale contained in the mortgage, for the full amount of the principal and interest then due and unpaid. At the foreclosure sale, such assignee bid in the land for about $400 less than was due, with the costs and expenses of foreclosure. This defendant, having succeeded to the mortgagor’s interest in the land, duly made redemption from the…
2Cases cited5 opinions
- Keller v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1880
- Fowler v. JohnsonSupreme Court of Minnesota · 1880
- Standish v. VosbergSupreme Court of Minnesota · 1880
- Dick v. MoonSupreme Court of Minnesota · 1879
- Hanson v. DuntonSupreme Court of Minnesota · 1886
3Cited by6 opinions
- Sucker v. CranmerSupreme Court of Minnesota · 1914
- New England Equitable Insurance v. BoldrickSupreme Court of Iowa · 1921
- Spaude v. State Bank of Gibbon (In Re Spaude)United States Bankruptcy Court, D. Minnesota · 1990
- Federal Land Bank v. NeffSupreme Court of Minnesota · 1928
- Dixon v. EikenberryIndiana Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.