Richards v. Finnegan
Supreme Court of Minnesota
Action brought in the district court for Hennepin county, to determine the defendants’ adverse claims to unoccupied land in that county.
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Action brought in the district court for Hennepin county, to determine the defendants’ adverse claims to unoccupied land in that county. At the trial, before Hicks, J., it was admitted that the land was formerly owned by one Abbott, through whom both parties claimed title, the plaintiff under deeds made in 1887, and the defendants under a foreclosure sale, made December 9, 1885, on a mortgage made by Abbott on October 9,1882, and a redemption from such sale made by defendant Andrew J. Finnegan, as a judgment creditor of the mortgagor. The court held the sale void and ordered judgment for…
1Opinion of the CourtGilfillan, C. J.
Plaintiff is the owner of the property in controversy, unless the title of her grantors was divested by’ the mortgage executed by Abbott, the former owner, and the proceedings to foreclose it. The attempt to foreclose was under the power of sale. The published notice of sale stated that the sale would be made on the 9th day of December, 1885, at 11 o’clock in the forenoon. The sale was made, as found by the court below, (and the evidence was sufficient to sustain that finding,) on that day, between 10: 30 and 10 :45 o’clock in the forenoon, and not later. The statute regulating such…
2Cases cited3 opinions
- City of Faribault v. MisenerSupreme Court of Minnesota · 1874
- McGovern v. Union Mutual Life InsuranceIllinois Supreme Court · 1883
- Martin v. BaldwinSupreme Court of Minnesota · 1883
3Cited by3 opinions
- Preske v. CarrollCourt of Appeals of Maryland · 1940
- Peaslee v. RidgwaySupreme Court of Minnesota · 1901
- Simonton v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1903