129 Minn. 312 | Minn. | 1915
The complaint alleges the following state of facts:
Plaintiffs foreclosed a mortgage on land of one Jacobson, themselves being the purchasers at the sale. When the year of redemption expired, defendants’ testator, Bruner, held a judgment duly docketed against Jacobson and under this judgment he redeemed from plaintiffs’ sale, and a certificate of redemption was issued to him by the sheriff. This judgment had just been procured in a contested lawsuit and was entered pursuant to a decision of the district court. A motion for a new trial had been made and had been denied nine days before the redemption. Eighteen days after being notified of the redemption, plaintiffs accepted the money paid for the redemption of their mortgage and have ever since retained it. A few days later Jacobson appealed the case of Bruner v. Jacobson to this court. On this appeal the decision of the trial court was reversed (122 Minn.
It may also be conceded that they might rescind their acceptance
Order affirmed.