Connecticut Mut. Life Ins. Co. of Hartford, Conn. v. Hansell

Decision Date15 March 1935
Docket Number30296.
Citation259 N.W. 390,194 Minn. 41
CourtMinnesota Supreme Court

Appeal from District Court, Todd County; John A. Roeser, Judge.

Action by the Connecticut Mutual Life Insurance Company of Hartford Conn., against Melvin L. Hansell, for whom J. B. Conley administrator, was substituted on defendant's death. From a judgment dismissing the action and vacating the attachment issued and levied therein, plaintiff appeals.

Reversed with directions.

Syllabus by the Court .

Chapter 339, Laws 1933, does not forbid a suit in this state to recover the balance due on a promissory note executed and delivered in Iowa and secured by real estate mortgage upon land situate in that state, which mortgage has been foreclosed and the proceeds applied on the note, leaving due and unpaid the balance sued for.

Wm. M. Wood, of Long Prairie, and Watson & Watson, of Indianola, Iowa, for appellant.

Mark & Barron, of Wadena, for respondent.

HOLT Justice.

The appeal is from a judgment dismissing the action and vacating the attachment issued and levied therein.

The action is brought to recover the balance due upon a promissory note executed by defendant to plaintiff. It appears that on January 20, 1926, defendant executed and delivered to plaintiff his promissory note for $11,000 due on January 20, 1931, with interest at 5 per cent. per annum. The note was executed in Iowa and was secured by a mortgage upon a farm in Warren county, that state. There was a default, and the mortgage was foreclosed in the district court of Warren county, and the proceeds of the foreclosure were applied upon said note, leaving a balance of $1,230.13, now due and unpaid. The foreclosure was in rem and no deficiency judgment could therein be obtained. Defendant resided temporarily in California, and jurisdiction was obtained by attaching real estate owned by him in the counties of Todd and Wadena, this state.

Defendant moved to dismiss the action and to vacate the attachment. The ground of the motion was that defendant, though temporarily absent, has been a resident of this state for more than twenty years and is entitled to the benefit of chapter 339, Laws 1933, containing this provision: ‘ Provided further, that prior to May 1, 1935, no action shall be maintained in this state for a deficiency judgment until the period of redemption as allowed by existing law or as extended under the provisions of this Act, has expired.’ Part 1, § 4. He also set forth that section 11774, chapter 500 of 1931 Iowa Code, provides: ‘ The...

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