Drew v. Smith
Supreme Court of Minnesota
APPEAL EBOM THE DISTRICT COURT OE WINONA COUNTY. This action was brought to obtain a strict foreclosure of a “ bond for deed.”
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APPEAL EBOM THE DISTRICT COURT OE WINONA COUNTY. This action was brought to obtain a strict foreclosure of a “ bond for deed.” The complaint fully describes the bond, its conditions, &e., a failure to pay balance due upon one of the notes therein mentioned, and that Plaintiffs have, since the maturity of the note and before the commencement of this action, several times offered to cancel and deliver up the note in part unpaid, to the Defendant, if he would release and cancel the bond, but the Defendant neglected and refused to do so. It then alleges that the bond, though forfeited and void…
1Opinion of the Court
By the Court
Emmett, C. J.
The Appellant founds his objections to the judgment rendered against him, upon four propositions or points, which may be stated as follows :
1st, That a bond conditioned for the conveyance of real estate, upon the payment of the purchase money at a future day, is in the nature of, and should be treated as a mortgage.
2d. That the judgment or decree asked for and obtained in this case, is in the nature of a strict foreclosure of a mortgage instrument, a remedy which he insists is obsolete under our practice.
3d. Admitting that a strict foreclosure may be had, still it…
2Cases cited2 opinions
- Heyward v. JuddSupreme Court of Minnesota · 1860
- Stone v. BassettSupreme Court of Minnesota · 1860
3Cited by2 opinions
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Hunt v. ThwingSupreme Court of Minnesota · 1892