Atwater v. Manchester Savings Bank
Supreme Court of Minnesota
These were two actions brought in the district court for Hennepin county, — the former by attaching and the latter by judgment creditors of Maria B. Nell, — the relief sought in each action being a decree that on the payment into court by plaintiff of the money theretofore tendered to the sheriff for redemption of certain lands sold under foreclosure of a mortgage made by Nell, a proper certificate of redemption should be issued, and, in default of such certificate, that the…
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These were two actions brought in the district court for Hennepin county, — the former by attaching and the latter by judgment creditors of Maria B. Nell, — the relief sought in each action being a decree that on the payment into court by plaintiff of the money theretofore tendered to the sheriff for redemption of certain lands sold under foreclosure of a mortgage made by Nell, a proper certificate of redemption should be issued, and, in default of such certificate, that the decree stand in place thereof. The actions were tried by Hooker, J., who ordered judgment for plaintiff in each case.…
1Opinion of the CourtMitchell, J.
In each of these cases the question involved is the right of the plaintiffs to redeem from a mortgage sale; and as both grow out of the same general state of facts, and are more or less connected with and dependent upon each other, they can be better considered'together. So far as material to explain the legal questions involved, the facts are these: A Mrs. Nell, who owned a 40-acre tract of land, but the title of which was then in litigation, (Nell v. Dayton, 43 Minn. 242, 45 N. W. Rep. 229,) in March, 1886, executed two mortgages, — one on the west half and the other on the east half of the…
2Cases cited10 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Fisher v. ConsequaU.S. Circuit Court for the District of Pennsylvania · 1809
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
- Harrison v. . GibbonsNew York Court of Appeals · 1877
- Wells v. GiesekeSupreme Court of Minnesota · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gau v. HylandSupreme Court of Minnesota · 1950
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Barnes v. VerrySupreme Court of Minnesota · 1923
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Kalichoff v. NelsonSupreme Court of Minnesota · 1895
14 more not listed; retrieve them via the Exa API.