Tinkcom v. Lewis
Supreme Court of Minnesota
Plaintiff held two mortgages, each embracing a tract of 80 acres in section 13, and another tract in section 12, township 106, range 28, in Blue Earth county.
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Plaintiff held two mortgages, each embracing a tract of 80 acres in section 13, and another tract in section 12, township 106, range 28, in Blue Earth county. Defendants Lewis & Shaubut held a mortgage, of later date than either of plaintiff’s mortgages, on the 80 acre tract in section 13. Plaintiff foreclosed his two mortgages by advertisement, the sales taking place March 15, 1871. At each sale, the mortgaged tracts were sold separately to the plaintiff, at a separate price for each, the aggregate price of both tracts at each sale being the amount due on the mortgage under which they were…
1Opinion of the CourtYoung, J.
Each of the plaintiff’s mortgages embraced not only the eighty acres in section 13, included in the mortgage to the defendants, but also the sixty-five acres in *136section 12; but this circumstance gave the defendants no right to redeem the latter tract from the foreclosure sales, each tract having been separately sold at a separate price. If the defendants, as junior mortgagees of the eighty acres in section 13, had attempted, before foreclosure, to redeem this tract from the plaintiff’s mortgages, and in order to effect such redemption had been obliged to pay off, and had paid off the entire…
2Cases cited9 opinions
- Horton v. MaffittSupreme Court of Minnesota · 1869
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- People ex rel. Post v. RansomNew York Supreme Court · 1847
- Gilchrist v. . ComfortNew York Court of Appeals · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Pamperin v. ScanlanSupreme Court of Minnesota · 1881
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- Martin v. SpragueSupreme Court of Minnesota · 1882
18 more not listed; retrieve them via the Exa API.