Hanson v. Dunton
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Eamsey county, to restrain the defendants from proceeding to foreclose by advertisement a certain mortgage, alleged by plaintiff to have been fully paid and satisfied by a prior .foreclosure by advertisement. The defendants answered, and the plaintiff moved for judgment on the pleadings. The motion was granted by Simons, J., and the defendants appeal from the judgment.
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Plaintiff brought this action in the district court for Eamsey county, to restrain the defendants from proceeding to foreclose by advertisement a certain mortgage, alleged by plaintiff to have been fully paid and satisfied by a prior .foreclosure by advertisement. The defendants answered, and the plaintiff moved for judgment on the pleadings. The motion was granted by Simons, J., and the defendants appeal from the judgment. The mortgage in question was made by Hans Peterson to the Sul-livanSavings Institution, on August 10,1875, for the sum of $2,000, payable five years from date, with…
1Opinion of the CourtBerry, J.
By the terms of the mortgage involved in this ease the whole amount which it secured was to become due upon the mortgagor’s default in the payment of interest. By foreclosing for the principal, and for at least a part of the overdue interest, before the expiration of the time fixed for the payment of the principal, the mortgagee exercised its election (if any were required) to treat, and in fact did treat, the whole amount of principal and accrued interest as due, and, having assumed to foreclose on this basis, it necessarily foreclosed once for all.
Having thus made that which the mortgagor…
2Cases cited1 opinion
- Dick v. MoonSupreme Court of Minnesota · 1879
3Cited by1 opinion
- Loomis v. ClambeySupreme Court of Minnesota · 1897