Berkner v. D'Evelyn
Supreme Court of Minnesota
Three actions in the district court for Brown county, one to recover possession of a sorrel mare or $200, her value, one to recover possession of a gray mare or $175, her value, and one to recover possession of a bay mare or $175, her value, in case of nondelivery, and $50 in each action for the detention.
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Three actions in the district court for Brown county, one to recover possession of a sorrel mare or $200, her value, one to recover possession of a gray mare or $175, her value, and one to recover possession of a bay mare or $175, her value, in case of nondelivery, and $50 in each action for the detention. The answer in each case alleged that at the commencement of the action plaintiffs took possession under the writ of replevin and ever since retained possession of the animal; that her value during such time was $75, and demanded her value and $75 in addition for her detention. The reply in…
1Opinion of the CourtBrown, J.
Three separate actions were brought in the court below to recover the possession of certain personal property. They were consolidated and tried together before the court without a jury. Judgment was ordered for defendant in each action and plaintiff appealed from an order denying a new trial.
The facts briefly stated are as follows: One Ourtright was the owner of certain personal property, including that involved in these actions, and executed to one Cunningham a chattel mortgage thereon to secure the payment of about $2,000. The mortgage was duly executed and fthed in the proper town clerk’s…
2Cases cited9 opinions
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Read v. Toledo Loan Co.Ohio Supreme Court · 1903
- Bank of Benson v. HoveSupreme Court of Minnesota · 1890
- B. Blanton & Co. v. BosticSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vollmer Clearwater Co. v. Union Warehouse & Supply Co.Idaho Supreme Court · 1926
- Berkner v. LewisSupreme Court of Minnesota · 1916
- First National Bank v. SaterenSupreme Court of Minnesota · 1922
- Lieber v. WattsLouisiana Court of Appeal · 1932