Johnson v. Northwestern Loan & Building Ass'n
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover under the statute three times $99.25, the amount of excess of proceeds of a certain sale upon foreclosure of mortgage over the amount due defendant upon the mortgage.
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Action in the district court for Hennepin county to recover under the statute three times $99.25, the amount of excess of proceeds of a certain sale upon foreclosure of mortgage over the amount due defendant upon the mortgage. The court, Elliott, J., found that defendant wrongfully retained $11.50 of the proceeds of the sale, and plaintiffs were therefore entitled to recover from defendant the sum -of $31.50. Plaintiffs’ motion to have the conclusions of law restated-was denied, and from' judgment in their favor for $31.50 plaintiffs .appealed. The statute concerning foreclosure must be…
1Opinion of the CourtStart, C. J.
The respondent, on April 1, 1893, foreclosed by advertisement its mortgage, made by the appellants, which was a lien on their real estate. It retained from the proceeds of the sale of the mortgaged premises, for attorney’s fees, as. stipulated in the mortgage, $50; for printer’s fees, $23; and for other necessary disbursements, $6.75, — all of which it actually paid or incurred, as the expenses of such foreclosure, except that it paid $11.50 only for printer’s fees. No affidavit of the amount actually paid or incurred for attorney’s fees and disbursements on such foreclosure was ever made or…
2Cases cited2 opinions
- Kipp v. DawsonSupreme Court of Minnesota · 1884
- Johnson v. CocksSupreme Court of Minnesota · 1887
3Cited by11 opinions
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
- In re Judicial Ditch No. 52Supreme Court of Minnesota · 1915
- Larocque v. ChapelSupreme Court of Minnesota · 1896
- Brown v. Scandia Building & Loan Ass'nSupreme Court of Minnesota · 1895
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