Duncan v. Cobb
Supreme Court of Minnesota
Action in the district court for- Hennepin county, to determine the-adverse interest of defendants in vacant lots in Minneapolis.. At the-trial, before Lochren, J., without a jury, it appeared that on December 17, 1857, defendant Cobb- was owner in fee of the lots, and on that day mortgaged them to plaintiff, the mortgage containing the usual power of sale and being duly recorded. The plaintiff’s title rests on proceedings for foreclosure- of this mortgage by advertisement.
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Action in the district court for- Hennepin county, to determine the-adverse interest of defendants in vacant lots in Minneapolis.. At the-trial, before Lochren, J., without a jury, it appeared that on December 17, 1857, defendant Cobb- was owner in fee of the lots, and on that day mortgaged them to plaintiff, the mortgage containing the usual power of sale and being duly recorded. The plaintiff’s title rests on proceedings for foreclosure- of this mortgage by advertisement. The first publication of notice of sale was March 6,1872, and the notice was regularly published for the statutory six…
1Opinion of the Court
Dickinson, J.1
The only question presented in this case is as to whether the foreclosure by statutory advertisement and sale, through which plaintiff’s alleged title was derived, was invalid by reason of the limitation prescribed by the act of March 6, 1871, (Laws 1871, e. 52,) which is as follows: “Section 1. Every mortgage of real estate containing therein a power of sale, upon default being made in any condition of such mortgage, may be foreclosed by advertisement within ten years after the maturity of such mortgage. ' * * * Sec. 2. This act shall take effect and be in force one year from…
2Cases cited4 opinions
- State ex rel. Brown v. BaileyIndiana Supreme Court · 1861
- Archambau v. GreenSupreme Court of Minnesota · 1875
- Berliner v. Town of WaterlooWisconsin Supreme Court · 1861
- Beal v. WhiteSupreme Court of Minnesota · 1881
3Cited by24 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Kozisek v. BrighamSupreme Court of Minnesota · 1926
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