Southern Minnesota Joint Stock Land Bank v. Peck

STONE, Justice.

After foreclosing by advertisement a mortgage on Minnesota real estate, plaintiff sued defendants for a deficiency judgment and prevailed as against defendants Baune and Becher, Barrett, Lockerby Company, a corporation, Avko appeal from the judgment. There is no question as to the liability or its amount. The only defense is that the action Avas premature in that the portion of the debt sued for Avas not due under the controlling documents at the time the action was brought. A very brief and general summary of the facts is sufficient for an understanding of that issue.

In 1922…