Dickerson v. Hayes
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Mower county, Page, J., piesiding, sustaining a demurrer to “the complaint.
1Opinion of the CourtGileillan, C. J.
The complaint seeks to have a mortgage -of real estate, and the certificate of sale on foreclosure by advertisement, adjudged satisfied; the record of them can-celled, and the premises declared free from the lien thereof; or, in case that is not done, that an account be taken, and the plaintiffs allowed to redeem from the sale.
The complaint alleges that the plaintiffs were ready and willing to and offered to pay the amount actually due and owing on the mortgage before the foreclosure. But this allegation is utterly insufficient to make out a tender, because it does not show a production of…
2Cases cited1 opinion
- Daniels v. SmithSupreme Court of Minnesota · 1860
3Cited by13 opinions
- More v. CalkinsCalifornia Supreme Court · 1890
- Peterson v. JohnsonWyoming Supreme Court · 1934
- McBride v. StewartUtah Supreme Court · 1926
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
- Ekeberg v. MackaySupreme Court of Minnesota · 1911
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