Citation Numbers: 35 Minn. 420
Judges: Dickinson
Filed Date: 7/13/1886
Status: Precedential
Modified Date: 9/9/2022
The principal controversy here is whether the description of the premises in the mortgage from the defendant, in 1872, and through which the plaintiff’s title is derived, was sufficient to embrace that part of the two lots described in the complaint which is included in, and is properly a part of, Dayton & Irvine’s addition. The description in the mortgage is: “Lots 9 and 10, in block 51, in Eice & Irvine’s addition to St. Paul, according to the recorded plat thereof, the same being the homestead of the parties of the first part.” This description was sufficient to embrace the whole of these two lots. The defendant, owning the property, had power to convey it by such terms of description as he might select, provided the description designated the land intended to be conveyed with certainty, or so that it could be ascertained with certainty.
It may be conceded, without impairing the sufficiency of this de
The eighth, ninth, and tenth assignments of error relate to the disposition of such surplus of the proceeds of the foreclosure sale as might have remained after satisfying so much of the debt as was then due, and to the validity of the statute relating to that subject. This is not relevant to any question involved in this case. This property was sold, in proceedings duly conducted under the statute for the foreclosure of the mortgage, in 1879, and no redemption has ever been made from the sale. The plaintiff holds the title acquired by that foreclosure sale. Whether the mortgagee was justified in applying the proceeds of the sale to the satisfaction of the entire debt, although it was not all yet due, is a question which does not affect the title in controversy.
Judgment affirmed.