Golcher v. Brisbin
Supreme Court of Minnesota
Tbe plaintiff brought, this action in tbe court of common pleas for Ramsey county, to recover the sum of two hundred dollars, paid to the defendants upon a contract for the sale and purchase of real estate in Ramsey county, under an agreement that it should be refunded on demand, in case the title to the real estate was not good in the defendants, free and clear from all incumbrances.
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Tbe plaintiff brought, this action in tbe court of common pleas for Ramsey county, to recover the sum of two hundred dollars, paid to the defendants upon a contract for the sale and purchase of real estate in Ramsey county, under an agreement that it should be refunded on demand, in case the title to the real estate was not good in the defendants, free and clear from all incumbrances. The action was referred, and the following facts, agreed upon by the parties, were found by the referee. On the 2d of September, 1857, Almira Brisbin, wife of the defendant, John B. Brisbin, was the owner in…
1Opinion of the Court
By the Court.
Berry, J.
I. The foreclosure under which the defendants make title to the premises in question in this case, is claimed by the plaintiff to be void, first, because the proceedings were not commenced until more than ten years after the right to foreclose accrued. This claim is based upon chap. 60, Laws 1870, which amends sec. 11, chap. 66, Gen. Stat., so as to make the same read as follows: “ Sec. 11. Every action to foreclose a mortgage upon real estate, shall be commenced within ten years after the cause of action accrues.” This act has reference to actions only, as is apparent…
2Cases cited1 opinion
- Goenen v. SchroederSupreme Court of Minnesota · 1871
3Cited by24 opinions
- State ex rel. Oliver Iron Mining Co. v. City of ElySupreme Court of Minnesota · 1915
- Ildvedsen v. First State Bank of BowbellsNorth Dakota Supreme Court · 1912
- Klapmeier v. Town of Center of Crow Wing CountySupreme Court of Minnesota · 1984
- Rich v. City of MinneapolisSupreme Court of Minnesota · 1887
- National Tailoring Co. v. ScottWyoming Supreme Court · 1948
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