Justus v. Fagerstrom
Supreme Court of Minnesota
After the former appeal reported in 141 Minn. 323, 170 N. W. 201, the case was tried before Clin B. Lewis, J., who made findings and ordered a foreclosure sale of the premises to pay plaintiff the amount due him, but denied the application for appointment of a receiver,.as stated in the second paragraph of the opinion. From a subsequent order appointing Louis T. Lefebre receiver, C. H. Fagerstrom appealed.
1Opinion of the CourtHallam, J.
This action was commenced in September, 1918, to foreclose a second mortgage. Plaintiff then made an application, based on the complaint and affidavits presented, for the appointment of a receiver of the mortgaged property. The application was denied. On appeal the ruling was affirmed. Justus v. Fagerstrom, 141 Minn. 323, 170 N. W. 201. While the trial court on that hearing made no finding of fact, there were affidavits which would sustain a finding that the property was worth $60,000 and that the encumbrances amounted to less than $45,000, that the security was adequate, the mortgagor…
2Cases cited1 opinion
- Justus v. FagerstromSupreme Court of Minnesota · 1918
3Cited by6 opinions
- Gardner v. W. M. Prindle & Co.Supreme Court of Minnesota · 1932
- Mutual Benefit Life Insurance v. Canby Investment Co.Supreme Court of Minnesota · 1933
- Windom National Bank v. RenoSupreme Court of Minnesota · 1927
- Larson v. OrfieldSupreme Court of Minnesota · 1923
- Grady v. First State Security Co.Supreme Court of Minnesota · 1930
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