41 Minn. 477 | Minn. | 1889
■ This is an action of ejectment, involving an issue-of title to real estate. In July, 1857, one C. C. Washburne purchased the property at an execution sale under a judgment against the owner, and, no redemption being made, the legal title became vested in Washburne, or in his assigns, Washburne having assigned to one Armstrong his certificate of purchase on or prior to July 20, 1858.. The title thus acquired was, however, subject to a mortgage which had been previously executed by the judgment debtor, the former owner of the land, to one Hall. By subsequent conveyances, the undivided half of the land purchased by Washburne was transferred to this, plaintiff, who claims to have thus acquired, and now to have, that title. The defendant claims title to the whole estate through a foreclosure of the Hall mortgage. This appeal involves the question whether there was any foreclosure of the mortgage, effectual as to.
Upon the facts above stated, the court found, as a conclusion of law, that Washburne and his grantees, including the plaintiff, who has succeeded to his interest, were bound by the judgment of foreclosure. Upon this legal conclusion, judgment was directed in this action for the defendant. The decision of this appeal turns upon the sole question of the correctness of that conclusion, and to this point alone our decision will be confined.
We have sought in vain for reasons which, in our opinion, would justify the legal conclusion of the court below. We agree to the correctness of its conclusion that, the action was not in fact dismissed or discontinued as to Washburne. Although the stipulation signed by his attorneys, indorsed by the plaintiff’s attorneys, and filed in the office of the clerk of the court, would have authorized a dismissal by an entry in the clerk’s register, as prescribed by statute, (Pub. St. 1858, c. 60, § 170,) that was not done. But it does not follow that the judgment against “the defendants” merely is to be construed as being against Washburne, whose name was omitted from the title or caption with which the judgment commences. Beading the judgment alone, without the light which the whole record may afford, it is more naturally construed as a judgment against the defendants
Judgment reversed, and a new trial granted.
if ote. A motion for reargument of this case was denied October 24,1889.