Fid. Phila. Trust Co. v. Brown, 28099.

• Citation: 181 Minn. 466,233 N.W. 10
• Decision Date: 14 November 1930
• Docket Number: No. 28099.,28099.
• Parties: FIDELITY PHILADELPHIA TRUST CO. v. BROWN et al.
• Court: Supreme Court of Minnesota (US)

181 Minn. 466
233 N.W. 10

FIDELITY PHILADELPHIA TRUST CO.
v.
BROWN et al.

No. 28099.

Supreme Court of Minnesota.

Nov. 14, 1930.

Appeal from District Court, Hennepin County; Mathias Baldwin, Judge.

Action by the Fidelity Philadelphia Trust Company against Harold P. Brown, H. J. West, Helen E. Wood and others. From the amended judgment of foreclosure of a mortgage, defendants West and Wood appeal.

Appeals dismissed.

Syllabus by the Court.

Where by consent certain items are eliminated from the amount found due in a judgment decreeing the foreclosure of a mortgage, and a decree is entered to the effect that certain figures found in the original judgment are stricken and certain other figures inserted, without vacating that judgment nor including the substance thereof in the so-called amendment decree, the time to appeal is limited to six months from the entry of the original judgment. The so-called modification decree is in fact an appealable order made subsequent to the judgment and affecting it; but, being made upon appellants' motion and in their favor, they were not aggrieved thereby.

[233 N.W. 10]

Harris Richardson, of St. Paul, for appellants.

Kingman, Cross, Morley & Cant, of Minneapolis, for respondent.

HOLT, J.

Defendants H. J. West and Helen E. Wood appeal from the amended judgment of foreclosure of a $750,000 mortgage upon the premises known as the West Hotel in Minneapolis, Minn.

Appeals in this foreclosure proceeding have been disposed of in 178 Minn. 150, 226 N. W. 406; 230 N. W. 780; and 232 N. W. 740, filed October 24, 1930. Plaintiff's mortgage, in the form of a trust deed, to secure payment of 750 $1,000 bonds, is a first lien upon the premises known as the West Hotel in Minneapolis, fronting 170 feet on Hennepin avenue and 220 feet on Fifth street. It was owned by defendant Helen E. Wood until conveyed, about May 1, 1927, to defendant Harold P. Brown, who, his wife joining, executed the mortgage or trust deed to plaintiff. Thereafter, on May 17, 1927, the Browns conveyed the premises to West Hotel, Incorporated, and that corporation, about the same date, executed a mortgage to defendant Helen E. Wood to secure the payment of $120,000. The last mortgage was made subject to plaintiff's mortgage. These mortgages and conveyances were properly recorded, and it is conceded that plaintiff's mortgage became a first lien and defendant Wood's mortgage a second lien upon the premises known as the West Hotel. There was a default in defendant Wood's mortgage, and she foreclosed, by advertisement, the sheriff's certificate of sale to her bearing date August 6, 1928. After the West Hotel, Incorporated, gave the mortgage to Helen E. Wood, it became a bankrupt, and the trustee in the bankruptcy proceeding, in disposing of the assets of the bankrupt, conveyed the West Hotel...