Brown v. Lawler
Supreme Court of Minnesota
Action to foreclose a mortgage. Defence, partial payments of the mortgage note. Trial in the district court for Scott county, before” Ohatfield, J., and a jury. Yerdict for plaintiff for a less sum than claimed in the complaint. Judgment of foreclosure, from which plaintiff appeals.
1Opinion of the CourtBerry, J.
This action was brought, under Title 2, ch. 81, Gen. Stat., to foreclose a mortgage given by defendant to plaintiff to secure a promissory note. Plaintiff, in his complaint, prayed for judgment adjudging the amount due on the note, and also prayed for judgment of foreclosure.
Upon the pleadings, the only issues in the case related to the amount due upon the note. Under the provisions of § § 198, 199, ch. 66, Gen. Stat., this action was triable “by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of…
2Cases cited2 opinions
- Finch v. GreenSupreme Court of Minnesota · 1871
- Reynolds v. La Crosse & Minnesota Packet Co.Supreme Court of Minnesota · 1865
3Cited by2 opinions
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- Koeper v. Town of LouisvilleSupreme Court of Minnesota · 1910