Slingerland v. Sherer
Supreme Court of Minnesota
Plaintiff, as administrator of the estate of Elbert Slingerland, deceased, brought this action in the district court for Dodge county, in September, 1890, to foreclose a mortgage made by defendants to his intestate on November 21, 1878, as security for the payment of a note of $1,500, bearing the same date, and payable five years thereafter, with interest annually, from date until paid, at the rate of 12 per cent, per annum, upon which no payment of interest or principal had…
Read the full summary
Plaintiff, as administrator of the estate of Elbert Slingerland, deceased, brought this action in the district court for Dodge county, in September, 1890, to foreclose a mortgage made by defendants to his intestate on November 21, 1878, as security for the payment of a note of $1,500, bearing the same date, and payable five years thereafter, with interest annually, from date until paid, at the rate of 12 per cent, per annum, upon which no payment of interest or principal had been made, except $300 paid February 27,1879. The complaint prays for judgment against the defendants for the full…
1Opinion of the CourtMitchell, J.
This is an action of foreclosure wherein the plaintiff seeks to obtain, not only a sale of the mortgaged premises, but also a personal judgment against the defendants for the debt secured by the mortgage. The defendants admit his right to a decree of foreclosure, but allege that the right to a personal judgment for the debt is barred by the statute of limitations. The only question is whether, as relates to the remedy of a personal judgment, the 6-year limitation prescribed by section 6 or the 15-year limitation prescribed by section 11, c. 66, Gen. St. 1878, as amended, applies. The…
2Cases cited1 opinion
- Welsh v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1878
3Cited by14 opinions
- Winne v. LahartSupreme Court of Minnesota · 1923
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Evans v. StaalleSupreme Court of Minnesota · 1903
- Bank of Wildwood v. KerlSupreme Court of Florida · 1939
9 more not listed; retrieve them via the Exa API.