Blake v. McKusick
Supreme Court of Minnesota
AUREAL ITKOM THE DISTRICT COURT Off WASHIN&TON COUNTY. Points and authorities of Appellant. I. The facts stated in Defendant’s answer do not show a foreclosure of the mortgage under the power of sale, but in connection with the allegations admitted by the answer, do show a void sale. And the fact that the Plaintiff, mortgagee, took possession of the premises attempted to bo sold under a void sale, does not cure or make valid the atttempted fore closure. 7 John.
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AUREAL ITKOM THE DISTRICT COURT Off WASHIN&TON COUNTY. Points and authorities of Appellant. I. The facts stated in Defendant’s answer do not show a foreclosure of the mortgage under the power of sale, but in connection with the allegations admitted by the answer, do show a void sale. And the fact that the Plaintiff, mortgagee, took possession of the premises attempted to bo sold under a void sale, does not cure or make valid the atttempted fore closure. 7 John. Hep., 217, 195/ 4 Denio, 104, 91, 41/ 2d Cowan, 195; 7 Hill, 431. II. The reply of the Plaintiff shows that the act of taking…
1Opinion of the Court
*341 By the Court.
Flandeatt, J.
It appears from the pleadings in this case that the Defendant gave the Plaintiff a mortgage on lands in Washington county, to secure a debt. That the Plaintiff, or some one acting for him, procured a foreclosure of the mortgage to be made by advertisement in a newspaper, and at the sale purchased the land in the name of the Plaintiff, had all the affidavits made out and recorded, and put the Plaintiff into possession of the land. That the Plaintiff has rented portions of the same and received the rents therefor. The sale took place on the 20th day of November, 1860.…
2Cases cited1 opinion
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by5 opinions
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Land O' Lakes Dairy Co. v. County of DouglasSupreme Court of Minnesota · 1948
- Lovine v. Goodridge-Call Lumber Co.Supreme Court of Minnesota · 1915
- Blake v. McKusickSupreme Court of Minnesota · 1865
- Reid v. Independent Union of All WorkersSupreme Court of Minnesota · 1937