Mason v. Goodnow
| Decision Date | 04 June 1889 |
| Citation | 41 Minn. 9 |
| Parties | BENJAMIN A. MASON <I>vs.</I> EDWARD A. GOODNOW and another. |
| Court | Minnesota Supreme Court |
Morrison, Flannery & Cooke, for appellant.
P. M. Woodman, for respondents.
Action to set aside a foreclosure, under a power, of an instrument similar in form to that considered in Hull v. King, 38 Minn. 349, (37 N. W. Rep. 792.) In that case the objection was to the mode of making the sale, while in the present it is to the notice. The total sum secured was $1,300, which was apportioned among the different lots, so that each one was "conveyed and mortgaged, respectively, for the specific sum set opposite to it in the following tabular description of the premises herein and hereby mortgaged, and for no other sum whatever." Then follows the description of the several lots, specifying the sum for which each lot, respectively, was mortgaged. The instrument also provided that, in case of the failure of the mortgagor to pay taxes, the mortgagee might pay them, and tack the same as an additional lien "on that lot hereinbefore described wherefor such failure occurred;" also that, in case of the default of the mortgagor to pay either of the several sums of money, or in any of the conditions in the mortgages contained, "so far as it affects either of said lots, then the whole principal sum represented by such lot or lots whereon default shall occur herein, according to the foregoing tabular description of said debt," shall, at the election of the mortgagee, become due and payable, and he be authorized to foreclose at once for the whole sum "as to such lot or lots hereinbefore described, wherefor there shall have been default, * * * and to sell said lot at public auction, agreeably to the statute," and out of the proceeds "to retain the principal and interest on the sum or sums so elected to be foreclosed for," together with costs, including attorney's fees for foreclosing "in each and every case," and pay the overplus to the mortgagor, — "it being the intention hereof that this mortgage shall be regarded, and is hereby made, a separate and distinct instrument and mortgage for each and every of the lots and parcels of land hereinbefore described, and that a default in the payment of either of the several sums mentioned in said apportionment and tabular arrangement, or interest or taxes, as herein set forth,...
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