Fairweather v. Nelson
Supreme Court of Minnesota
Action in justice court to recover possession of a span of horses or to recover $100, the value thereof, in case a return could not be had. Judgment was rendered in favor of plaintiff, from which defendants appealed to the district court for Marshall county. The case was there tried before Ives, J., who directed a verdict in favor of plaintiff. From an order denying his alternative motion for judgment notwithstanding the verdict, or for a new trial, defendant Tiedt appealed.
1Opinion of the Court
MITCHELL, J.1
This was an action to recover possession of a span of horses from the defendant Tiedt, whom we shall hereafter call the “defendant.” Both parties claim under Nelson. When the evidence closed, the court directed a verdict for the plaintiff, and from an order denying a new trial the defendant appealed.
The evidence disclosed that in 1893 Nelson executed to plaintiff a chattel mortgage on a span of mules; that in June, 1897, Nelson, with the consent of the plaintiff, traded the mules for the span of horses in controversy, which remained in Nelson’s possession until he sold and…
2Cited by11 opinions
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- Bellevue State Bank v. Hailey National BankIdaho Supreme Court · 1923
- Singer v. Farmers State Bank of GoodridgeSupreme Court of Minnesota · 1926
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