Oswald v. O'Brien
Supreme Court of Minnesota
Appeal by Harriet O’Brien and James K. O’Brien, her husband, two of the defendants, from an order of the district court of Henne-, pin county, Hicks, J., made September 26, 1891, denying a new trial and refusing to modify its findings of fact.
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Appeal by Harriet O’Brien and James K. O’Brien, her husband, two of the defendants, from an order of the district court of Henne-, pin county, Hicks, J., made September 26, 1891, denying a new trial and refusing to modify its findings of fact. The defendants Harriet O’Brien and James K. O’Brien, her husband, on November 26, 1888, owed the plaintiff, John C. Oswald, $7,500, due in two years, with interest at 10 per cent., payable semiannually, and to secure its payment they.gave him a mortgage on their leasehold interest in and to the lot No. 253 Hennepin avenue, Minneapolis, and the building…
1Opinion of the CourtMitchell, J.
To secure the payment of the same debt, the defendants executed to plaintiff two mortgages, one on real property, and the other on certain chattel property. Plaintiff, having previously foreclosed the chattel mortgage, and applied on the debt what he claimed to be the net proceeds of the sale, brought this action to foreclose the mortgage on the real property. While a great deal of extraneous matter was introduced on the trial, yet the substance and gist of the defense was that the foreclosure of the chattel mortgage by plaintiff was unauthorized, illegal, and fraudulent, and therefore that…
2Cited by2 opinions
- Watson v. Koochiching Realty Co.Supreme Court of Minnesota · 1926
- Russ v. KaneSupreme Court of Minnesota · 1939