Blake v. McKusick

Decided January 15, 1865

Supreme Court of Minnesota · decided 1865-01-15

This was an action brought by Blake against McKusick to recover a balance clue on a promissory note. Issue was joined in the action, and the same was tried at the District Court in Washington County at the November Term, 1868, by the Court, without a jury.

Cited by 1 later decisions — most recently November 1982

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1865-01-15

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¶1By the Court —

Wilson, C. J.

¶2— The Appellant can not be heard in this case to deny the validity of the mortgage sale.

¶3That sale was confirmed by the Court, not only by his consent, but at his instance. See Blake vs. McKusick, 8 Minn. Rep., 338.

¶4The evidence and the facts fully justify the findings of the’ Judge, who tried this cause below, “ That the entry of the plain*255tiff into said premises was made under the- mortgage sale and foreclosureand “ that the defendant before the commencement of this action ratified and approved said salé.” This being the case, it is too well settled to admit of a doubt that the respondent has a right of action for the balance due on the note secured by-said mortgage.

¶5Judgment below affirmed,