Wells v. Atkinson
Supreme Court of Minnesota
This action was brought to recover possession of certain described premises situated in Meeker county, together with damages for their unlawful detention. The cause was tried in the district court for Meeker county, by Brown, J., without a jury.
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This action was brought to recover possession of certain described premises situated in Meeker county, together with damages for their unlawful detention. The cause was tried in the district court for Meeker county, by Brown, J., without a jury. It appeared from the findings of the court that the defendant Abigail A. Atkinson, joined by her husband, mortgaged the said premises to John H. Bartholf; that said premises were sold at public vendue, January lé, 1873, under a power of sale contained in the mortgage, and duly purchased by the said Bartholf; that the sheriff, at the time of such sale,…
1Opinion of the CourtCornell, J.
1. On a sale of real property, under a power of sale in a mortgage, tbe officer making it is required to give to the purchaser a certificate “containing,” among other things, the “date of the sale,” and “the time allowed by law for redemption.” Gen. St. c. 81, tit. 1, § 11. Instead of this, the certificate in the case before us contains the statement that “the above described premises are subject to redemption within the time and according to the statute in such case made and provided.” Though the statute in this regard be anything more than directory, it can hardly be supposed that the…
2Cases cited5 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Ives v. KimballMichigan Supreme Court · 1849
- McClure v. McClurgSupreme Court of Missouri · 1873
- Calumet & Chicago Canal & Dock Co. v. RussellIllinois Supreme Court · 1873
- Harrington v. FishMichigan Supreme Court · 1862
3Cited by17 opinions
- Summer v. MitchellSupreme Court of Florida · 1892
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Dabney v. HathawaySupreme Court of Oklahoma · 1915
- King v. MerrittMichigan Supreme Court · 1887
- Brunswick-Balke-Collender Co. v. BrackettSupreme Court of Minnesota · 1887
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