Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

ending more than one year after
the passage Of this act neither shall
this act apply In any way which
would allow q resale, stay, post
ponement or extension to such time
that any right might be adversely
affected by statute Of limita-
ton.
Section 8. 2 The provisions Of
this act shall also apply to mort
gage foreclosures wherein the Dis
trict Court has previously post
poned the sale or granted one or
more extensions Of the time for re-
demption, all pursuant to the pro-
visions of Laws 1888, Chapter 339
and Laws 1885, Chapter Al pro-
vided, that the period Of redemp-
ton has not expired and shall also
apply to actions and proceedings
now pending or hereafter COM
menced under said acts.
Section 8. The provisions Of this
act are hereby declared to be sever
able. If one provision hereof shall
be found by the decision Of a court
Of competent Jurisdiction to be in
valid, such decision shall not affect
the validity Of the other provisions
Of this act.
Section 10. The words mort
gagor", "mortgagee", Judgment
creditor, Judgment debtor, and
purchaser, whenever used in this
act, shall be construed to include
the plural as we'll as the singular,
and also to include their personal
representatives, successors and as
signs; provided, however the words
successors or assigns, when used
in this act, shall be construed to
include only persons who stand In
privity Of estate to the mortgagor.
Section IL. Whenever the term
this Act" Is referred to in that
part of the bill amended so as to
constitute Part One hereof, the
same shall be construed as having
reference only to Part One of this
act.
Part Two
Section /. The following, Part
Two, Of this Act shall apply only
to real estate occupied as home
exclusively by the person seeking
relief or persons dependent upon
him and to farm lands used by the
person seeking relief as his prin-
cipal means Of furnishing necessary
support to such person, his family
and dependents. and shall apply
only to cases not entitled to relief
under some valid provision Of Part
One Of this Act.
Section 2. In any proceedings
heretofore commenced for the fore
closure of a mortgage on real estate
by advertisement. in which a sale
of the property has not been had,
or in any such proceedings here
after commenced, when the mort
gagor, or the owner in possession
Of the mortgaged premises, or any,
one claiming under said mortgagor,
or anyone liable for the mortgage
debt. at any time after the issu-
ance Of the notice of such fore
closure proceedings, shall apply to
the District Court of the county
wherein such foreclosure proceed
ings are being had, or are pending,
by filing and serving a summons
and verified complaint with prayer
that the sale in foreclosure by adj
vertisement shall be postponed and
that the foreclosure, if any, shall
proceed by action. If 1t appears
to the court that granting of the
relief as prayed would be equitable
and just, then, and in that event,
the foreclosure proceedings by adj
vertisement may be postponed by
the court by an eX parte order
which shall be served with the
summons and complaint upon the
party foreclosing or his attorney
and at the time Of the hearing
upon such order, the court may
then further postpone such sale,
and the parties seeking to fore
close such mortgage shall proceed,
if at all, to forclose said mortgage
by interpoSing a cross complaint
in such action. Such service may
be made as now provided for the
service of summons in civil
action, or by registered mail on the
person foreclosing or his authorized
agent or attorney at the last known
address of such person, agent or
attorney respectively. AS a condi-
ton precedent to such postpone
ment Of such foreclosure sale by
advertisement, the party filing such
verified complaint shall pay to the
clerk for the person forecloSing the
mortgage the expenses incurred not
including attorneys fees which may
accrue prior to any postponement.
The filing of such verified COM
plant shall be deemed a waiver of
publication Of notice Of postpone
ment of the foreclosure sale and
the sale at the time which may be
fixed by the court shall be deemed
to be sale postponed In lieu Of the
time Of sale specified in the pub
lished notice Of mortgage fore
closure sale.
Section 3. The court shall have
the same Jurisdiction to postpone
the enforcement Of Judgment by
execution sale or to order resale
or give other relief where such
Judgment is rendered In an action
to collect a debt or obligation Sc
cured by a real estate mortgage,
the foreclosure Of which might be
affected under the terms Of this
Act, as Is conferred by this Act
with regard to the mortgage.
Section 4. The provisions hereof
shall not apply to mortgages made
after April 10, 1888, nor to mort
cages made prior to April 10, 1888,
which shall hereafter be renewed
or evtepded IN hecOrne due more