Berkner v. Lewis
Supreme Court of Minnesota
Three actions of replevin in the district court for Brown county by Edward E. Berkner and Alfred A. Berkner, copartners as Berkner Brothers, one action against Dudley G. D’Evelyn, another against William Schmitt and the third against Martin Sherman. After the death of Dudley G. D’Evelyn, his adminstrator, James Lewis, was substituted in his place as defendant. After the death of William Schmitt, his administrator, Nicklas Schmitt, was substituted in his place as defendant.
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Three actions of replevin in the district court for Brown county by Edward E. Berkner and Alfred A. Berkner, copartners as Berkner Brothers, one action against Dudley G. D’Evelyn, another against William Schmitt and the third against Martin Sherman. After the death of Dudley G. D’Evelyn, his adminstrator, James Lewis, was substituted in his place as defendant. After the death of William Schmitt, his administrator, Nicklas Schmitt, was substituted in his place as defendant. The cases were tried together before Pfau, J., acting on behalf of Olsen, J., who made findings and ordered judgment in…
1Opinion of the CourtHolt, J.
This is a second appeal; the first was Berkner v. D’Evelyn, 119 Minn. 246, 137 N. W. 1097. The controversy is between plaintiffs, claiming the horses replevied under a second mortgage, and defendants who stand in *377the shoes of a prior mortgagee. Pursuant to findings a judgment was entered in favor of defendants, and plaintiffs appeal. -
In the fall of 1907 or the spring of 1908, W. L. Cunningham leased a farm of F. H. Curtright. The former assisted the latter in procuring horses and equipment to operate the farm, either by purchasing the same for him or selling his own to him. To secure the…
2Cases cited15 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Anderson v. OdellMichigan Supreme Court · 1883
- Vaughan v. ThompsonIllinois Supreme Court · 1855
- Gillespie v. Brown & Ryan Bros.Nebraska Supreme Court · 1884
- Prout v. VaughnSupreme Court of Vermont · 1880
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3Cited by5 opinions
- Marin v. CalmensonSupreme Court of Minnesota · 1924
- Nielson v. LarsonSupreme Court of Minnesota · 1924
- Meyer v. MartinIllinois Supreme Court · 1933
- First National Bank v. SaterenSupreme Court of Minnesota · 1922
- In re Hanover Milling Co.Court of Appeals for the Fourth Circuit · 1929