G. Chophard & Son v. T. W. Bayard & Co.
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiffs in Error: First. — The mortgage was given to secure notes overdue at the date of the mortgage. It was hence absolute from its date. The execution and delivery of the mortgage being at the time a secret transaction, and remaining so until the mortgagor was sued by the Plaintiffs in Error.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiffs in Error: First. — The mortgage was given to secure notes overdue at the date of the mortgage. It was hence absolute from its date. The execution and delivery of the mortgage being at the time a secret transaction, and remaining so until the mortgagor was sued by the Plaintiffs in Error. And the mortgagor remaining in possession during all the time that elapsed after the date of the mortgage until the levy of the execution, issued upon a judgment of the Plaintiffs, and selling the property as his own, using the…
1Opinion of the CourtAtwater, J.
By the Court This action was brought by T. W. Bayard & Co., against the Plaintiffs in Error; to recover the value of certain goods, seized by the Defendants below on an execution against one J. G. Perenoud, as the property of said Perenoud. The Plaintiffs below claimed title to the property under a bill of sale from Perenoud to them. The answer justified the taking under execution, and set up that the bill of sale was made with intent to hinder, delay, and defraud the creditors of said Perenoud, and therefore void as to the Defendants, who were creditors of Perenoud at the time of the…
2Cases cited2 opinions
- Greenleaf v. EdesSupreme Court of Minnesota · 1858
- Truitt Bros. v. CaldwellSupreme Court of Minnesota · 1859
3Cited by8 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Jackson v. KincaidSupreme Court of Oklahoma · 1896
- Egan State Bank v. RiceCourt of Appeals for the Eighth Circuit · 1902
- In re FreyDistrict Court, D. Minnesota · 1926
- Hawkins v. Hastings BankDistrict Court, D. Minnesota · 1870
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