Park v. Cross
Supreme Court of Minnesota
Action in the district court for Clay county against Martha H. Cross and William J. Bodkin, sheriff of said county, praying for an injunction restraining defendants from selling the mortgaged premises. The case was tried before Searle, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant Cross appealed.
1Opinion of the CourtCanty, J.
This is an action to restrain the foreclosure of a mortgage under the power of sale, on the ground that plaintiff, the mortgagor, had partly paid the mortgage debt, and had tendered payment of the balance due. On the trial, the court, sitting without a jury, found for plaintiff, and defendant appeals from an order denying a new trial.
The mortgaged premises are city property situated in Moorhead. The note and mortgage are dated March 18, 1890. The note is for the sum of $800, and was due. in five years after date. The interest, at the rate of 8 per cent., was payable semiannually. Plaintiff…
2Cases cited2 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Thompson v. ElliottIllinois Supreme Court · 1874
3Cited by8 opinions
- Kucher v. ScottWashington Supreme Court · 1917
- Whalen v. VallierIdaho Supreme Court · 1928
- Paxston v. Gillam-Jackson Loan & Trust Co.Missouri Court of Appeals · 1927
- State v. LawrenceSupreme Court of Minnesota · 1915
- Kansas Educational Ass'n of Methodist Episcopal Church v. McMahanCourt of Appeals for the Tenth Circuit · 1935
3 more not listed; retrieve them via the Exa API.