Minnesota Reports Volume 82
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Minnesota Reports Volume 82

Minnesota Reports Volume 82


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...premises were worth more than the amount due on the mortgage. It cannot be held, as a matter of law, that nothing could be realized on a sale of the equity of redemption, even if the amount due on the mortgage was equal to or in excess of the value of the land. The plaintiff ought at least to be allowed to test the matter without being obstructed or trammeled by the record proof of an apparently valid foreclosure, which was in fact invalid." There is no question in this case but that the foreclosure proceedings complained of are valid on their face; their invalidity is only shown by evidence of the misdescription in the notice of foreclosure. The case comes clearly within the former decisions of this court, and the judgment appealed from must be reversed. As all the facts appear from the findings of the trial court, and as there is no occasion for another trial of the action, the court below will be directed to amend its conclusions of law so as to order judgment for plaintiff as prayed for in the complaint. It is so ordered. ' Judgment reversed. ANNETTE ANDERSON v. BURLINGTON, CEDAR RAPIDS 8: NORTHERN RAILWAY COMPANY. 1 January 23, 1901. Nos. 12,357--(202).2 Nuisance--Harmless Questions--New 1%-ial. In this action, --one to recover damages for the wrongful and unlawful maintenance of a nuisance, --it appearing from the record that the evidence fully sustains the plaintiffs right of recovery, and no claim being made, and it not appearing. that the damages awarded by the jury are excessive or beyond proper and reasonable limits, certain questions put to witnesses on the trial, by which proof of such damages was elicited, though bad in form. are held not prejudicial, and no ground for a new trial. Assignments of Error. Assignments of error considered, and...


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Product Details
  • ISBN-13: 9781235887710
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 210
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1235887715
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 386 gr


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