Gemmell v. Rice
Supreme Court of Minnesota
The plaintiff, whose grantor was the purchaser of certain lands at a mortgage foreclosure sale, brought this suit in the District. Court for Ramsey county, in August, 1866, asking, for reasons set forth in his complaint, to be allowed to redeem said premises from a subsequent sale thereof under a prior mortgage. The cause was tried before the Court without a jury.
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The plaintiff, whose grantor was the purchaser of certain lands at a mortgage foreclosure sale, brought this suit in the District. Court for Ramsey county, in August, 1866, asking, for reasons set forth in his complaint, to be allowed to redeem said premises from a subsequent sale thereof under a prior mortgage. The cause was tried before the Court without a jury. The material facts as found by tbe Court are substantially as follows : On the 1st day of September, 1854, the defendant Edmund Rice was seized in fee of the south-east quarter of section 31, in township 29, of range 22 west,…
1Opinion of the Court
Wilson, Ch. J.
By the Court If in the suit to foreclose the Miller mortgage Habieht was served with the summons, he became subject to the jurisdiction of the Court, and is bound by its judgment; and the plaintiff, standing in his shoes, cannot maintain this action. That judgment being regular in form, and having been rendered by a court of general jurisdiction, is presumed to be valid until the contrary is made to appear, and this presumption — entertained in favor of the judgment of every court of general jurisdiction — is strengthened by the facts and circumstances surrounding this case. The…
2Cases cited2 opinions
- Mackubin v. SmithSupreme Court of Minnesota · 1861
- Harrington v. LoomisSupreme Court of Minnesota · 1865
3Cited by10 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Head v. DanielsSupreme Court of Kansas · 1887
- Amy v. AmyUtah Supreme Court · 1895
- Gustafson v. RhinowSupreme Court of Minnesota · 1920
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
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