Farnsworth Loan & Realty Co. v. Commonwealth Title Insurance & Trust Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover the amount of alleged excessive attorney’s fees and costs charged and retained by defendant on foreclosure of certain mortgages upon land owned by plaintiff at the time of the foreclosure sales. The case was tried before Brooks, J., who found in favor of plaintiff for the sum of $266.19. From a judgment entered pursuant to the findings, plaintiff and defendant severally appealed.
1Opinion of the CourtLovely, J.
In the year 1889 four mortgages were executed to the Northwestern Guaranty Loan Company as security for loans upon city lots in Minneapolis, given by the mortgagors to secure payment for loans evidenced by promissory notes separately apportioned and applied to each lot therein, respectively. The mortgages contained powers of sale, and the notes secured thereby referred to each lot, with the amount indicated distinctively by marginal memo-randa thereon. It was provided in each mortgage that it should be
"Regarded and is hereby made a separate and distinct instrument and mortgage for each and…
2Cases cited5 opinions
- Hull v. KingSupreme Court of Minnesota · 1888
- Truesdale v. SidleSupreme Court of Minnesota · 1896
- Eliason v. SidleSupreme Court of Minnesota · 1895
- Mason v. GoodnowSupreme Court of Minnesota · 1889
- Cartwright v. HallSupreme Court of Minnesota · 1903