Cutting v. Patterson
Supreme Court of Minnesota
Action in the district court for St. Louis county to set aside a mortgage foreclosure. The case was tried before Ensign, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed. The contiguity of the two tracts and the manner in which they were used show that Larcher was an actual resident on the mortgaged premises. The fee of streets and alleys is in the abutting land owner, and is subject only to the easement of the public.
Read the full summary
Action in the district court for St. Louis county to set aside a mortgage foreclosure. The case was tried before Ensign, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed. The contiguity of the two tracts and the manner in which they were used show that Larcher was an actual resident on the mortgaged premises. The fee of streets and alleys is in the abutting land owner, and is subject only to the easement of the public. The substance of the following cases is that the condemnation or dedication of a highway or alley across land does not…
1Opinion of the CourtCollins, J.
The decision of this case depends upon a construction of that part of Gr. S. 1894, § 6032, reading as follows:
“In all cases, a copy of such notice shall be served in like manner as summons in civil actions in the district court, at least four *379weeks before the time of sale, on the person in possession of the mortgaged premises, if the same are actually occupied.”
The mortgage in question was foreclosed under a power, but no notice was served upon the mortgagor or any other person; the affidavit filed being to the effect that the premises were at the time of the foreclosure wholly vacant and…
2Cited by11 opinions
- Baehr v. Penn-O-Tex Oil Corp.Supreme Court of Minnesota · 1960
- Jurgensen v. AinscowNebraska Supreme Court · 1952
- Parsons v. Prudential Real Estate Co.Nebraska Supreme Court · 1910
- Thomas v. FlynnNebraska Supreme Court · 1959
- Wallace v. SacheSupreme Court of Minnesota · 1908
6 more not listed; retrieve them via the Exa API.