Barber v. Amundson
Supreme Court of Minnesota
Appeal by plaintiff, Charles E. Barber, from an order of the District Court of Chippewa County, Powers, J., made August 20, 1892, denying his motion for a new trial.
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Appeal by plaintiff, Charles E. Barber, from an order of the District Court of Chippewa County, Powers, J., made August 20, 1892, denying his motion for a new trial. On September 5, 1891, J. Strootman made and delivered to the plaintiff his promissory note for $200 and interest, due three months thereafter, and to secure its payment he, on that day in good faith mortgaged to plaintiff six hundred bushels of wheat stored in a granary on the northeast-quarter of section twelve (12,) T. 118, B. 39, in the Town of Havelock in Chippewa county. The mortgage was duly filed. Thereafter, on September…
1Opinion of the CourtCollins, J.
The only question herein is as to who is 'entitled to the possession of certain grain, — the plaintiff, who, as a mortgagee, claims the right of possession under and by virtue of the conditions of a mortgage in the usual form, default having been made by the mortgagor’s failure to pay the note thereby secured at maturity, or defendant sheriff, who seized the grain after such default, but before the mortgagee had taken possession, and levied on the mortgagor's *362right and interest therein, by virtue of an execution issued upon a judgment duly rendered against said mortgagor. The good faith and…
2Cases cited5 opinions
- Louthain v. MillerIndiana Supreme Court · 1882
- Cary v. HewittMichigan Supreme Court · 1872
- Wilson v. MontagueMichigan Supreme Court · 1885
- State ex rel. Jessup v. MilliganIndiana Supreme Court · 1886
- Fugate v. ClarksonCourt of Appeals of Kentucky · 1841
3Cited by2 opinions
- Galde v. ForsythSupreme Court of Minnesota · 1898
- Wallerbeck v. HaavenSupreme Court of Minnesota · 1933