Defendant  mortgaged  certain  real  estate  to  plaintiff.  Tlie
mortgage  contained  the  usual  power  of  sale,  and,  upon  default
in  payment,  was  foreclosed  by  advertisement,  the  plahitiff  be-
coming the  purchaser.  After  the  expiration  of  the  year  of  re-
demption plaintiff  brought  this  action  for  unlawful  detainer,
under  Gen.  St.  ch.  84,  to  recover  possession  of  the  premises  so
mortgaged  and  sold  to  him.  The  justice  rendered  judgment  for
plaintiff,  from  which  defendant  appealed.  The  appeal  was
heard  in  the  district  court  for  Hennepin  county,  Vanderburgh,
J.,  presiding,  and  judgment  rendered  for  defendant  on  the
pleadings,  from  which  the  plaintiff  appeals.  The  objection  to
the  complaint  is  that  in  setting  out  plaintiff's  title  it  fails  to
state  that  no  action  had  been  brought,  before  the  foreclosure,  to
recover  the  mortgage  debt,  etc,

Cornell,  J.  To  entitle  any  party  to  give  notice  of  the  fore-
closure of  a  real  estate  mortgage  by  advertisement,  and  to  make
such  foreclosure,  the  statute  declares  that  "it  is  requisite"
among  other  things,  "that  no  action  or  proceeding  has  been  in-
stituted at  law  to  recover  the  debt  then  remaining  secured  by
such  mortgage,  or  any  part  thereof;  or,  if  the  action  or  pro-
ceeding has  been  instituted,  that  the  same  has  been  discontinued,
or  that  an  execution  upon  the  judgment  rendered  therein  has
been  returned  unsatisfied,  in  whole  or  in  part."  Gen.  St.
ch.  81,  §  2.
