Download PDF, EPUB, Kindle Minnesota Reports Volume 85
Download PDF, EPUB, Kindle Minnesota Reports Volume 85
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Author: Books Group
Number of Pages: 212 pages
Published Date: 20 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781236267009
File size: 39 Mb
Download Link: Minnesota Reports Volume 85
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 Excerpt: ...sale, the claim being that a conspiracy had been entered into between the administrator and the purchasers, which resulted in the sale to the latter for about one-eighth of the value of the property. We held that the action was properly brought in the county wherein the defendants resided, although none of the lands were situated therein. It was said that the relief asked for by way of an accounting was not merely incidental and auxiliary to a recovery of the unsold lands, but was itself a part of the primary and principal relief asked for in the action. The court then stated that: "Inasmuch as the general rule is that actions must be brought and tried where the parties reside, and that they must be brought and tried where the subject-matter is situated is the exception to the rule, it has been frequently held that, to bring a case within the exception, the subject-matter must be wholly local; that is, exclusively within the exception." In the Kommer case the action was brought to cancel a mortgage on real property situated in Chippewa county, and to expunge the record thereof. Ve were clearly of the opinion that it was an action brought to determine a right or interest in real estate within the meaning of the statute fixing the place of trial of civil actions. It was really an action brought to prevent and restrain the foreclosure of a real-estate mortgage, a foreclosure which could only be made in the county in which the land was situated. If the mortgage could be foreclosed in Chippewa county only, it would seem to follow that an action to restrain such foreclosure could be brought in that county only. It is to be noticed that while the language in the first subdiviion of section 5182 is quite general when speaking of an estate, right, or int...
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Minnesota Reports Volume 85. Books Group
Author: Books Group
Number of Pages: 212 pages
Published Date: 20 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781236267009
File size: 39 Mb
Download Link: Minnesota Reports Volume 85
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 Excerpt: ...sale, the claim being that a conspiracy had been entered into between the administrator and the purchasers, which resulted in the sale to the latter for about one-eighth of the value of the property. We held that the action was properly brought in the county wherein the defendants resided, although none of the lands were situated therein. It was said that the relief asked for by way of an accounting was not merely incidental and auxiliary to a recovery of the unsold lands, but was itself a part of the primary and principal relief asked for in the action. The court then stated that: "Inasmuch as the general rule is that actions must be brought and tried where the parties reside, and that they must be brought and tried where the subject-matter is situated is the exception to the rule, it has been frequently held that, to bring a case within the exception, the subject-matter must be wholly local; that is, exclusively within the exception." In the Kommer case the action was brought to cancel a mortgage on real property situated in Chippewa county, and to expunge the record thereof. Ve were clearly of the opinion that it was an action brought to determine a right or interest in real estate within the meaning of the statute fixing the place of trial of civil actions. It was really an action brought to prevent and restrain the foreclosure of a real-estate mortgage, a foreclosure which could only be made in the county in which the land was situated. If the mortgage could be foreclosed in Chippewa county only, it would seem to follow that an action to restrain such foreclosure could be brought in that county only. It is to be noticed that while the language in the first subdiviion of section 5182 is quite general when speaking of an estate, right, or int...
Read online Minnesota Reports Volume 85 Buy and read online Minnesota Reports Volume 85 Download and read Minnesota Reports Volume 85 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Minnesota Reports Volume 85
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