259 N.W. 684 | Minn. | 1935
"* * * the mortgagor, or the owner in possession of said property, * * * shall prior to the expiration of the period of redemption, apply to the district court having jurisdiction of the matter, * * * for an order * * *."
When this petition to extend the period of redemption came on for hearing the court dismissed the same on the ground that no application had been made within the period of redemption. A writ of certiorari brings this ruling here for review.
We think the lower court was correct in his view of the law. The statute says "shall prior to the expiration of the period of redemption, apply." The mortgagor did not do this. He merely served notice during the period of redemption on the opposing party that after the expiration of the period he would apply. He did not actually make application within the year of redemption. This view is in accord with what we said in the recent case of Anderson v. Hill,
"The petition was the application, and the making of it complete when it was served and filed, as it was before the end of the redemption period. The notice was not the application. It was but the procedural device for bringing the matter on for hearing at the time and place stated."
Affirmed. *75