Prior Lake State Bank v. Mahoney
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Prior Lake State Bank v. Mahoney
Opinion of the Court
The issues in this case arise out of an action by Prior Lake State Bank to quiet title to land in Scott County, Minnesota,
Defendant contends, as principal issues, that the presiding district court judge should have disqualified himself for cause or, in any event, in response to an affidavit of prejudice filed against him 2 days in ad-
Defendant’s claim of right to be represented at trial by Jerome Daly, a disbarred lawyer, pursuant to power of attorney is frivolous. The alternative claim of Mr. Daly to appear himself as a party defendant, based upon his unauthenticated assertion of an interest in the land, is likewise without merit.
The judgment for plaintiff in its action to quiet title was sustained on the merits. No irregularity in the foreclosure proceedings was established and, in any event, the claimed irregularity, asserted only after the expiration of the period of redemption,
Affirmed.
The legal description of the land is as follows: “The West One-Half of Northeast Quarter (W 1/2 of NE 1/4), Section Nine (9), Township One Hundred Fourteen (114), Range Twenty-one (21), Scott County and the Southeast Quarter of Northwest Quarter (SE 1/4 of NW 1/4), Section Nine (9), Township One Hundred Fourteen (114), Range Twenty-one (21), Scott County, Minnesota.”
The regrettable failure of defendant to make payments upon his mortgage debt is apparently explained in this “Notice to the Public” filed by defendant with the register of deeds, Scott County, at 8:30 a.m. on February 20,1970, the day of the foreclosure sale: “Notice is hereby given that the certain Notice of Mortgage Foreclosure Sale and the proceedings instituted are not had pursuant to the Constitutional Law of the United States and the State of Minnesota and that said Note is void and the Mortgagee given to secure the Note is void because of failure of a Lawful Consideration in that the Activities of the Prior Lake State Bank as Mortgagee in creating credit on its books is not authorized by law, Constitutional, Statutory, or Otherwise.
“Therefore, the Prior Lake State Bank has no right, title lien in or interest in and to [the property described in footnote 1].”
The foregoing notice contained the following attribution of draftsmanship: “Drawed by Robert Leo Mahoney, Prior Lake, Minnesota, and Jerome Daly, Savage, Minnesota, Lawyer for Robert Leo Mahoney.”
A simiar claim that a personal property mortgage was void was asserted in Koll v. Wayzata Bank, 397 F. 2d 124, 125 (8 Cir. 1968), where the court spoke of the suit as being part of the “unreachable quest” of Mr. Daly, as the mortgagor’s attorney, to have the federal reserve and monetary system of the United States declared to be unconstitutional. Another attack on the system, asserted by Mr. Daly in United States v. Daly, 481 F. 2d 28, 30 (8 Cir. 1973), was summarily dismissed as “clearly frivolous.”
Reference
- Full Case Name
- Prior Lake State Bank, by E. N. Barsness v. Robert Leo Mahoney and Others.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Quieting title — action by purchaser at foreclosure sale to quiet title — impermissible defense.