Bennett v. Ellison
Supreme Court of Minnesota
The plaintiff, as assignee of one James P. McClelland for the benefit of creditors, brought this action to recover the value of a largo amount of personal property, taken from plaintiff’s possession and sold by the defendant, as sheriff, by virtue of certain executions against the property of McClelland. In his answer the defendant assailed the assignment as made with intent to hinder, delay, and defraud the assignor’s creditors.
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The plaintiff, as assignee of one James P. McClelland for the benefit of creditors, brought this action to recover the value of a largo amount of personal property, taken from plaintiff’s possession and sold by the defendant, as sheriff, by virtue of certain executions against the property of McClelland. In his answer the defendant assailed the assignment as made with intent to hinder, delay, and defraud the assignor’s creditors. At the trial in the district court for Olmsted county, before Mitchell, J., the defendant introduced evidence tending to prove that, shortly before the assignment,…
1Opinion of the CourtGileillan, C. J.
This is an action for taking and con*251verting personal property. The plaintiff claims title to the property under an assignment to him hy James P. McClelland, for the benefit of the creditors of the latter. The defendant was sheriff, and had levied upon the property as the property of McClelland, upon executions against him. The issue was as to the validity of the assignment. It was in the usual form of such assignments, authorizing the conversion of the property into money, by sale, as soon as the assignee should be able, and, after paying debts and taxes due the United States and the state,…
2Cases cited4 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Gere v. MurraySupreme Court of Minnesota · 1861
- Brigham v. . TillinghastNew York Court of Appeals · 1855
3Cited by7 opinions
- May v. WalkerSupreme Court of Minnesota · 1886
- Mann v. FlowerSupreme Court of Minnesota · 1879
- Lesher v. GetmanSupreme Court of Minnesota · 1881
- Maclaren v. KramarNorth Dakota Supreme Court · 1913
- Boyum v. JordanSupreme Court of Minnesota · 1920
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