Prince v. Farrell
Supreme Court of Minnesota
Action to foreclose a mortgage, made by defendants M. B. Farrell and Margaret Farrell, his wife, brought in the district court for Ramsey county. The notes to secure which the mortgage was given were made by the defendant M. B Farrell alone.
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Action to foreclose a mortgage, made by defendants M. B. Farrell and Margaret Farrell, his wife, brought in the district court for Ramsey county. The notes to secure which the mortgage was given were made by the defendant M. B Farrell alone. The relief prayed for in the complaint was: (1) the ascertainment of the amount due upon the notes and mortgage; (2) the sale of the mortgaged premises, payment to plaintiff of the moneys realized upon the sale, and that “the defendant M. B. Farrell may be adjudged to pay any deficiency which may remain after applying all of said moneys so applicable…
1Opinion of the Court
By the Court.
Where there is no answer, the relief granted to plaintiff cannot exceed that specifically prayed for in the complaint. This was so decided at this term in Minnesota Linseed Oil Co. v. Maginnis, ante, 193.
Order affirmed.
2Cited by2 opinions
- Northern Trust Co. v. Albert Lea CollegeSupreme Court of Minnesota · 1897
- Child v. Washed Sand & Gravel Co.Supreme Court of Minnesota · 1930