Davis v. Seymour
Supreme Court of Minnesota
The above parties to a matter in dispute, submitted the same to tbe district court for Washington county pursuant to section 7 of chapter 82 of General Statutes.
Read the full summary
The above parties to a matter in dispute, submitted the same to tbe district court for Washington county pursuant to section 7 of chapter 82 of General Statutes. The agreed case is as follows : “ It is hereby agreed by and between the parties above named, that the following is a statement of the facts in the controversy between said parties, and that the question as to whether or not said defendant George M. Seymour shall pay over to the plaintiff, as sheriff, the moneys in his hands as hereinafter stated to satisfy said execution, shall be determined by the court without action at the…
1Opinion of the Court
By the Court
McMillan, J.
The statement in the case “ that at the time of the payment of the money by Carli to Seymour, Carli was entitled to redeem, and Ellen Downie to receive the redemption, ” must be taken in connection with the further statement, that she refused to receive it on the ground that Carli had not the right to redeem, and must be construed to mean, that, at the time of *213the payment, Carli’s right to redeem the premises had not been adjudicated, and was subject to be disputed and was disputed by Ellen Downie from whom the property was to be redeemed, and that the tender was…
2Cases cited1 opinion
- Horton v. MaffittSupreme Court of Minnesota · 1869
3Cited by4 opinions
- Tinkcom v. LewisSupreme Court of Minnesota · 1874
- Summerville v. SorrensonNorth Dakota Supreme Court · 1912
- Sohroeder v. LahrmanSupreme Court of Minnesota · 1881
- Gesner v. BurdellSupreme Court of Minnesota · 1872