46 Minn. 84 | Minn. | 1891
On the 16th day of November, 1886, the late E. C. Palmer held a mortgage, executed by the plaintiff as owner in fee, upon the real property described in the complaint herein. A prior mortgage upon the same premises had that day been foreclosed by sale under a power, and the usual certificate of sale executed and delivered to the purchaser. On January 17th following, Judge Palmer duly procured an assignment of said certificate to himself, and held the same when the year of redemption expired, — November 17, 1887. He was then absent from the state on account of ill health, never returned, and died intestate in the state of Georgia, in March, 1888. On the 21st day of November, 1887, — a few days after the expiration of the period of redemption from the sale under the power, — the plaintiff paid over to one George a sum in
The respondents raise several questions in respect to the relief demanded in the complaint and to the nature of the relief plaintiff might be entitled to if the allegations of his complaint had been established; also as to the sufficiency of appellant’s assignments of error. But we do not care to spend any time in considering either of these points, for upon an examination of the testimony produced by plaintiff upon the trial it is obvious that he failed' to make out a case entitling him to relief of any description. This may have been because his testimony in regard to the verbal agreement with Judge Palmer was inadmissible by reason of the statute, which prohibited him from stating the conversations between them. Whatever the cause for this failure of proof, the fact remains that there was no testimony which would have justified a finding that Palmer occupied towards plaintiff any other relation than that of a mortgagee, who had properly procured an assignment of a sheriff’s certificate delivered to the purchaser upon the foreclosure of a prior mortgage by advertisement, pr that any agreement in respect to obtaining the assignment, or as to a redemption frond the sale, had ever been entered into by
Order affirmed.
Mitchell, J., being absent, took no part in this decision.