Gerdes v. Burnham
Supreme Court of Minnesota
Action in the district court for Chippewa county by Lammert Gerdes and wife against Sarah M. Burnham, as executrix of the will of Burton A. Burnham, deceased, and Amund I. Amundson, as sheriff of said county, to enjoin defendants from proceeding with the foreclosure of a certain mortgage for $1,400 executed by plaintiffs to decedent, and for an accounting, and other relief.
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Action in the district court for Chippewa county by Lammert Gerdes and wife against Sarah M. Burnham, as executrix of the will of Burton A. Burnham, deceased, and Amund I. Amundson, as sheriff of said county, to enjoin defendants from proceeding with the foreclosure of a certain mortgage for $1,400 executed by plaintiffs to decedent, and for an accounting, and other relief. The case was tried before Qvale, J., who found among other things that plaintiffs had received no consideration- for executing the mortgage except $393, and ordered judgment in favor of plaintiffs that except to that…
1Opinion of the CourtOollins, J.
The facts, as they appear from the record in this action, again remind us of the business methods of the late firm of A. F. & L. E. Kelley, although the transaction involved is unlike any heretofore *512before this court. The facts, as found below, were abundantly supported by the proofs, and fully justified the conclusion of law. The action was brought to restrain the foreclosure of a real-estate-mortgage under the power of sale therein contained, and to compel an accounting; the plaintiff mortgagors admitting that there was due and unpaid about $100 of the mortgage debt, while the amount…
2Cited by3 opinions
- Ekeberg v. MackaySupreme Court of Minnesota · 1911
- Danielson v. TessmanSupreme Court of Minnesota · 1929
- Ekeberg v. MackaySupreme Court of Minnesota · 1911