Ellingboe v. Brakken
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Goodhue ■county, to recover the possession of one-fourth of certain wheat, oats, and barley. The plaintiff claims under a chattel mortgage given by one Hermanson. The wheat in controversy was raised upon defendant’s farm under an agreement between him and Hermanson that the latter should, for his services and work upon the farm, receive one-fourth of the wheat, oats, and barley raised.
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Plaintiff brought this action in the district court for Goodhue ■county, to recover the possession of one-fourth of certain wheat, oats, and barley. The plaintiff claims under a chattel mortgage given by one Hermanson. The wheat in controversy was raised upon defendant’s farm under an agreement between him and Hermanson that the latter should, for his services and work upon the farm, receive one-fourth of the wheat, oats, and barley raised. The answer admits the agreement and performance by Hermanson, but alleges that no part of the grain has been set off to Hermanson, and puts in issue the…
1Opinion of the CourtBerry, J.
1. When a chattel mortgage is acknowledged, the certificate of acknowledgment entitles it to be read in evidence “in all courts of justice.” Gen. St. 1878, c, 73, § 67. A copy of such mortgage, when certified by the proper town clerk to be a true copy of the original on file in his office, is receivable in evidence in like manner and with like effect as the original mortgage, (Gen. St. 1878, c. 39, § 7;) that is to say, it is, under the statute first cited, entitled to be read in evidence “in all courts of justice.”
2. Where A. executes to B. a mortgage of personal property, G., not being a…
2Cases cited8 opinions
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Mackey v. AmesSupreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chandler v. ColcordSupreme Court of Oklahoma · 1893
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Wilcox v. BergmanSupreme Court of Minnesota · 1905
- Carroll v. ByersArizona Supreme Court · 1894
10 more not listed; retrieve them via the Exa API.