Rogers v. Brackett
Supreme Court of Minnesota
‘ Action in the municipal court of Minneapolis to recover the possession of a borse, wagon and harness, alleged to belong to plaintiff. The answer sets up that the defendant took the property, as sheriff of Hennepin county, by virtue of an execution against the plaintiff, issued in an action brought upon a promissory note given by plaintiff for a part of the purchase price of the same property.
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‘ Action in the municipal court of Minneapolis to recover the possession of a borse, wagon and harness, alleged to belong to plaintiff. The answer sets up that the defendant took the property, as sheriff of Hennepin county, by virtue of an execution against the plaintiff, issued in an action brought upon a promissory note given by plaintiff for a part of the purchase price of the same property. The reply alleges that the note was accepted and received in full payment for such property; that plaintiff was, long prior to the time of the levy and ever since has been, a resident of this state,…
1Opinion of the Court
Berry, J.1
The personal property in contest was purchased by plaintiff of Dales & Co. for $140, — $100 in cash, and the plaintiff’s note on 30 days for the balance. The note is admitted and found *280to have been received “in full payment and satisfaction for” the deferred payment of $40, but it was nevertheless given for and represented “purchase-money,” and an action upon it is an action for “purchase-money.” By the terms of Gen. St. 1878, c. 66, § 311, the property, though otherwise exempt, was subject to execution upon any judgment rendered in an action for its purchase-money. This section…
2Cases cited3 opinions
- Coleman v. BallandiSupreme Court of Minnesota · 1875
- Daniels v. WillisSupreme Court of Minnesota · 1862
- Babcock v. CobbSupreme Court of Minnesota · 1866
3Cited by6 opinions
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Halsey v. SvitakSupreme Court of Minnesota · 1925
- Langevin v. BloomSupreme Court of Minnesota · 1897
- Bofferding v. MengelkochSupreme Court of Minnesota · 1915
- Taylor v. RiceNorth Dakota Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.