Richards v. Spicer
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Kandiyohi county, against John M. Spicer, Andrew Larson, and Leonard Millard, praying that the sale of a certain yoke of oxen, on foreclosure of a mortgage on the oxen and certain other chattels, might be set aside as fraudulent, and the oxen delivered to plaintiff; or, if a return could not be had, that he recover their value, and for general relief.
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Plaintiff brought this action in the district court for Kandiyohi county, against John M. Spicer, Andrew Larson, and Leonard Millard, praying that the sale of a certain yoke of oxen, on foreclosure of a mortgage on the oxen and certain other chattels, might be set aside as fraudulent, and the oxen delivered to plaintiff; or, if a return could not be had, that he recover their value, and for general relief. The action was tried before John H. Brown, J., who found the facts to be as stated in the opinion, and ordered judgment for the plaintiff for the value of the oxen. Judgment was entered…
1Opinion of the CourtBerry, J.
On June 2, 1874, Millard mortgaged a joke of oxen, a pair of horses, and a lumber-wagon to Spicer and Larson, to secure his two promissory notes held by them, and amounting to $200. In August following, Millard sold the oxen to Bichards. After this, Millard executed u second mortgage of the horses and wagon to Spicer and Larson, to secure his further indebtedness to them in the sum of $100. On March 18, 1875, when the indebtedness secured by the two mortgages amounted to $325, Millard and Spicer and Larson entered into an arrangement by which Millard made an absolute sale and delivery of the…
2Cases cited1 opinion
- Johnson v. WilliamsSupreme Court of Minnesota · 1860