Millett v. Pearson
Supreme Court of Minnesota
Action in the district court for Dakota county to restrain defendant from selling certain premises by virtue of a judgment and execution thereon.
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Action in the district court for Dakota county to restrain defendant from selling certain premises by virtue of a judgment and execution thereon. The answer set up the recovery by defendant on March 23, 1916, of the judgment described in the second paragraph of the opinion, the levy of execution, and alleged that on May 5, 1916, and for a long time prior thereto, the premises were not occupied by John Ostapchuk or any member of his family as a dwelling place; that prior to that date he had terminated his business at South St. Paul, disposed of his household goods and effects and removed from…
1Opinion of the CourtQuinn, J.
The plaintiff brings this action to restrain the defendant from proceeding with the sale of the premises in question under an execution on a judgment against plaintiff’s grantor, John Ostapchuk. The trial court, after hearing the testimony, found for the defendant and denied the injunction. From an order denying his alternative motion for an order amending the findings or for a new trial, plaintiff appeals.
In its decision the trial court found in substance, that during the month of March, 1916, Ostapchuk was the owner in fee of the premises in question, and that on and prior to the sixteenth…
2Cases cited5 opinions
- Clark v. RobinsonIllinois Supreme Court · 1878
- Town of Freeport v. Board of SupervisorsIllinois Supreme Court · 1866
- Barton v. BartonSupreme Court of Georgia · 1885
- State v. GorhamSupreme Court of Connecticut · 1836
- Robertson v. SullivanSupreme Court of Minnesota · 1883
3Cited by27 opinions
- Kristensen v. McGrath Attorney GeneralCourt of Appeals for the D.C. Circuit · 1949
- Neuberger v. United StatesCourt of Appeals for the Second Circuit · 1926
- Mueller v. Buckley (In Re Mueller)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- Muscala v. WirtjesSupreme Court of Minnesota · 1981
- Beigler v. ChamberlinSupreme Court of Minnesota · 1920
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