Hartman v. Weiland
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Scott county to recover the value of 400 bushels of wheat, alleged to be his property, and to have been taken from his possession by the defendant, sheriff of the county, under a writ of execution on a judgment in favor of Frank Nicolin and against one Anton Hartman, the plaintiff’s father.
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Plaintiff brought this action in the district court for Scott county to recover the value of 400 bushels of wheat, alleged to be his property, and to have been taken from his possession by the defendant, sheriff of the county, under a writ of execution on a judgment in favor of Frank Nicolin and against one Anton Hartman, the plaintiff’s father. The answer alleged that on August 14, 1884, Anton was indebted to Nicolin in $156.50 for goods sold and on overdue promissory notes, upon which debts Nicolin, on that day, brought suit against him in the district court for Scott county; that a writ of…
1Opinion of the CourtGtlbtllan, C. J.
The plaintiff in this action ought, on the evidence, to have had a verdict for several -reasons: First. There was. no proof that Anton Hartman, the grantor in the conveyance claimed to have been fraudulent, and defendant in the attachment suit, was. indebted to the plaintiff in that suit at the time of the conveyance,. The judgment in that suit was, as against this plaintiff, who was a stranger to it, evidence only of the fact of its existence. It was no. evidence, as against him, of the previous existence of the facts on which it was based. County of Olmsted v. Barber, 31 Minn. 256, 261, (17…
2Cases cited2 opinions
- County of Olmsted v. BarberSupreme Court of Minnesota · 1883
- Sanders v. ChandlerSupreme Court of Minnesota · 1879
3Cited by15 opinions
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Minnesota Debenture Co. v. JohnsonSupreme Court of Minnesota · 1905
- Schmitt v. DahlSupreme Court of Minnesota · 1903
- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
- Fullington v. Northwestern Importers' & Breeders' Ass'nSupreme Court of Minnesota · 1892
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