Dodge v. Allis
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Ramsey county to foreclose a real estate mortgage made by the defendant William F. Davidson, the defendant Allis being made a party as a subsequent purchaser from Davidson of an undivided moiety of the mortgaged property.
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Plaintiffs brought this action in the district court for Ramsey county to foreclose a real estate mortgage made by the defendant William F. Davidson, the defendant Allis being made a party as a subsequent purchaser from Davidson of an undivided moiety of the mortgaged property. The mortgage wis made June 23, 1868, to secure an indebtedness, bearing interest at seven per cent., and was assigned to plaintiffs on 'September 13, 1873. The assignment was recorded November 30, 1874. Afterwards, by agreement between plaintiffs ■and Davidson, the time for payment of the mortgage debt- was extended…
1Opinion of the CourtGilfillan, C. J.
Appeal from what the statute (Gen. St. 1866, c. 81, § 33; Gen. St. 1878, c. 81, § 36,) designates a filial decree in an action to foreclose a mortgage. The objection is made, by motion to dismiss, that an appeal will not lie from such a decree; or, if one will lie, it must be *381taken as from an order — within 30 days. . Whether it is to-be deemed a judgment or order, inasmuch as legal rights are or may be determined by it, there is undoubtedly- a right of appeal; and, although it is not designated as a judgment but- as a decree, as jt has in its effect upon the matters determined by it, and in…
2Cited by6 opinions
- Shuput v. LauerWisconsin Supreme Court · 1982
- Dobberstein v. MurphySupreme Court of Minnesota · 1890
- Lamprey v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1902
- Thompson v. DaleSupreme Court of Minnesota · 1894
- Orth v. GedornSupreme Court of Minnesota · 1932
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