Finnegan v. Effertz
Supreme Court of Minnesota
Action in the district court for Meeker county to determine the adverse claim of defendant to certain real property. The case was tried before Qvale, J., who found in favor of defendant.
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Action in the district court for Meeker county to determine the adverse claim of defendant to certain real property. The case was tried before Qvale, J., who found in favor of defendant. From an order denying a motion for a new trial plaintiff appealed.' Does the doctrine of subrogation apply in this case, and if so to what extent does it apply? Was the defendant Effertz by payment of the amount due on the foreclosure sale of the Cabot mortgage, with interest to -the time of said redemption, subrogated to the rights which Eucy T. Cabot would have in said land, provided no redemption had been…
1Opinion of the CourtCollins, J.
This was an action to determine adverse claims brought by the plaintiff, who, as owner of the land, executed and delivered first and second mortgages thereon to different mortgagees in the year 1896; and the only question to be considered is the legal effect of an alleged redemption by the junior mortgagee, defendant Effertz, from a foreclosure sale made under the power contained in the senior mortgage.
The sale took place on September 23, 1897, and the senior mortgagee was the purchaser thereat. On August 8, 1898, the junior mortgagee filed a notice of his intention to redeem from this sale…
2Cases cited4 opinions
- First National Bank of Memphis v. KiddSupreme Court of Minnesota · 1873
- Cuilerier v. BrunelleSupreme Court of Minnesota · 1887
- Knight v. SchwandtSupreme Court of Minnesota · 1896
- Sprandel v. HoudeSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Powers v. SherrySupreme Court of Minnesota · 1911
- Farmers & Merchants Bank of Preston v. JungeCourt of Appeals of Minnesota · 1990
- Farm Credit Bank of St. Paul v. Halverson (In Re Solberg)United States Bankruptcy Court, D. Minnesota · 1991
- Johnson v. MelgesSupreme Court of Minnesota · 1925