Justus v. Fagerstrom
Supreme Court of Minnesota
Action in the district court for Ramsey county to foreclose a second mortgage upon certain real estate and to appoint a receiver of the mortgaged premises pending foreclosure. An order requiring defendants to show cause why a receiver pendente lite should not be appointed, Haupt, J., was discharged, and the application denied. From the order denying the application, plaintiff appealed.
1Opinion of the CourtHallam, J.
Plaintiff commenced this action to foreclose a second mortgage on real estate. He made application for the appointment of a receiver pending foreclosure. The application was denied and plaintiff appeals. The matter was heard on the complaint and on affidavits. There is some conflict in the affidavits. The court made no findings of fact but the affidavits would sustain a finding of the following facts: That the first mortgage was originally $30,000 and the second $15,000; that the amount due on both mortgages at the time foreclosure was commenced was less than $45,000; that the property is…
2Cases cited9 opinions
- Marshall & Ilsley Bank v. CadySupreme Court of Minnesota · 1899
- Aetna Life Insurance v. BroekerIndiana Supreme Court · 1906
- Pullan v. Cincinnati & C. Air-Line R.U.S. Circuit Court for the District of Indiana · 1865
- Swan v. MitchellSupreme Court of Iowa · 1891
- Donnelly v. ButtsSupreme Court of Minnesota · 1917
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3Cited by4 opinions
- Nielsen v. HealdSupreme Court of Minnesota · 1922
- Windom National Bank v. RenoSupreme Court of Minnesota · 1927
- Larson v. OrfieldSupreme Court of Minnesota · 1923
- Justus v. FagerstromSupreme Court of Minnesota · 1920