Slingerland v. Sherer

CourtSupreme Court of Minnesota (US)
Writing for the CourtMITCHELL
Citation49 N.W. 237,46 Minn. 422
Decision Date01 July 1891
PartiesSLINGERLAND v SHERER ET AL.

46 Minn. 422
49 N.W. 237

SLINGERLAND
v
SHERER ET AL.

Supreme Court of Minnesota.

July 1, 1891.


[49 N.W. 237]


(Syllabus by the Court.)

Where, in an action of foreclosure, the plaintiff seeks to obtain a personal judgment against the mortgagor for the debt, as well as a decree of foreclosure, the 6-year limitation prescribed by section 6, c. 66, Gen. St., and not the 15-year limitation prescribed by section 11 of the same chapter, applies, so far as the action is one for a personal judgment.


Appeal from district court, Dodge county; BUCKHAM, Judge.

Robert Taylor, for appellants.

C. C. Willson, for respondent.


MITCHELL, J.

This is an action of foreclosure wherein the plaintiff seeks to obtain, not only a sale of the mortgaged premises, but also a personal judgment against the defendants for the debt secured by the mortgage. The defendants admit his right to a decree of foreclosure but allege that the right to a personal judgment for the debt is barred by the statute of limitations. The only question is whether, as relates to the remedy of a personal judgment, the 6-year limitation prescribed by section 6 or the 15-year limitation prescribed by section 11, c. 66, Gen. St., as amended, applies. The provisions of statute bearing upon the question are as follows: “Ch. 66, Sec. 3. Actions can only be commenced within the periods prescribed in this chapter.” “Sec. 6. Within six years any action upon a contract or other obligation, express or implied.” “Sec. 11. Every action to foreclose a mortgage upon real estate shall be commenced within fifteen years after the cause of action accrues.” “Ch. 81, tit. 2. Sec. 29. Judgment shall be entered under the direction of the court, adjudging the amount due with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy said amount, and directing the sheriff to proceed and sell the same according to the provisions of law relating to sales of real estate on execution, and make report to the court.” “Sec. 33. Upon confirmation of the report of sale, the clerk shall enter satisfaction of the judgment to the extent of the sum bid for the premises, less expenses and costs, and for any balance of said judgment execution may issue as in other cases; but no such execution shall issue on such judgment until after a sale of the mortgaged premises, and the application of the amount realized as aforesaid.” The trial court held that the 15-year limitation applies, and in his memorandum bases his decision upon the following grounds: “There is no reason why full force and...

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22 practice notes
  • Fitzgerald v. Flanagan
    • United States
    • Iowa Supreme Court
    • 10 Abril 1912
    ...266, 60 Am. St. Rep. 322;Norton v. Palmer, 142 Mass. 433, 8 N. E. 346;Webber v. Ryan, 54 Mich. 70, 19 N. W. 751;Slingerland v. Sherer, 46 Minn. 422, 49 N. W. 237;Cheney v. Woodruff, 20 Neb. 124, 29 N. W. 275; Read v. Edwards, 2 Nev. 262; Demerritt v. Batchelder, 28 N. H. 533;Hulburt v. Clar......
  • Ed. Fitzgerald v. Flanagan
    • United States
    • United States State Supreme Court of Iowa
    • 10 Abril 1912
    ...266, 60 Am. St. Rep. 322); Norton v. Palmer, 142 Mass. 433 (8 N.E. 346); Webber v. Ryan, 54 Mich. 70 (19 N.W. 751); Slingerland v. Sherer, 46 Minn. 422 (49 N.W. 237); Cheney v. Woodruff, 20 Neb. 124 (29 N.W. 275); Read v. Edwards, 2 Nev. 262; Demerritt v. Batchelder, 28 N.H. 533; Hulbert v.......
  • Archie v. U.S. Bank, N.A., s. 18-CV-945
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 5 Agosto 2021
    ...on the property mortgaged, his right to ... enforce the debt [is] cut off by the statute of six years[.]"); and Slingerland v. Sherer , 46 Minn. 422, 49 N.W. 237, 237–38 (1891) ("[A] variety of cases may exist where the right to enforce the mortgage still exists, but the right to recover a ......
  • Archie v. U.S. Bank, 18-CV-945
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 5 Agosto 2021
    ...on the property mortgaged, his right to . . . enforce the debt [is] cut off by the statute of six years[.]"); and Slingerland v. Sherer, 49 N.W. 237, 237-38 (Minn. 1891) ("[A] variety of cases may exist where the right to enforce the mortgage still exists, but the right to recover a persona......
  • Request a trial to view additional results
22 cases
  • Fitzgerald v. Flanagan
    • United States
    • Iowa Supreme Court
    • 10 Abril 1912
    ...266, 60 Am. St. Rep. 322;Norton v. Palmer, 142 Mass. 433, 8 N. E. 346;Webber v. Ryan, 54 Mich. 70, 19 N. W. 751;Slingerland v. Sherer, 46 Minn. 422, 49 N. W. 237;Cheney v. Woodruff, 20 Neb. 124, 29 N. W. 275; Read v. Edwards, 2 Nev. 262; Demerritt v. Batchelder, 28 N. H. 533;Hulburt v. Clar......
  • Ed. Fitzgerald v. Flanagan
    • United States
    • United States State Supreme Court of Iowa
    • 10 Abril 1912
    ...266, 60 Am. St. Rep. 322); Norton v. Palmer, 142 Mass. 433 (8 N.E. 346); Webber v. Ryan, 54 Mich. 70 (19 N.W. 751); Slingerland v. Sherer, 46 Minn. 422 (49 N.W. 237); Cheney v. Woodruff, 20 Neb. 124 (29 N.W. 275); Read v. Edwards, 2 Nev. 262; Demerritt v. Batchelder, 28 N.H. 533; Hulbert v.......
  • Archie v. U.S. Bank, N.A., s. 18-CV-945
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 5 Agosto 2021
    ...the property mortgaged, his right to ... enforce the debt [is] cut off by the statute of six years[.]"); and Slingerland v. Sherer , 46 Minn. 422, 49 N.W. 237, 237–38 (1891) ("[A] variety of cases may exist where the right to enforce the mortgage still exists, but the right to rec......
  • Archie v. U.S. Bank, 18-CV-945
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 5 Agosto 2021
    ...the property mortgaged, his right to . . . enforce the debt [is] cut off by the statute of six years[.]"); and Slingerland v. Sherer, 49 N.W. 237, 237-38 (Minn. 1891) ("[A] variety of cases may exist where the right to enforce the mortgage still exists, but the right to recover a ......
  • Request a trial to view additional results

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