Cable v. William Byrne
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Simons, J., presiding, granting a new trial, in an action for conversion.
1Opinion of the CourtDickinson, J.
This is a contest respecting the title to certain personal propertythe plaintiff’s claim being by virtue of a sale upon execution upon a judgment against one Merrick, the former owner of the property; and the defendant’s, under an unrecorded chattel mortgage from Merrick, executed prior to the levy of the execution. A question of fact was involved as to whether or not the officer who made the execution sale sold the property in express terms subject to the mortgage! This was submitted to the jury, and their finding, in effect, that it was not so sold, was set aside by the trial judge, and a…
2Cases cited3 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Crosby v. St. Paul City Railway Co.Supreme Court of Minnesota · 1886
- Taylor v. SpauldingSupreme Court of Minnesota · 1887
3Cited by3 opinions
- People's Trust Co. of St. Albans v. FinnSupreme Court of Vermont · 1934
- Fleeson v. WhitcombSupreme Court of Kansas · 1931
- Turner v. BinningerWyoming Supreme Court · 1941