Kelly v. Seely
Supreme Court of Minnesota
Replevin for 400 bushels of wheat, taken by defendants from plaintiff’s possession on September 10, 1879. The wheat in question was raised in the year 1879, by one Wiliiam Kelly, on certain land in Wabasha county described in the complaint. The defendants claimed title by virtue of a chattel mortgage made to them by William Kelly on April 18, 1879, of all the crop then growing on the land in question.
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Replevin for 400 bushels of wheat, taken by defendants from plaintiff’s possession on September 10, 1879. The wheat in question was raised in the year 1879, by one Wiliiam Kelly, on certain land in Wabasha county described in the complaint. The defendants claimed title by virtue of a chattel mortgage made to them by William Kelly on April 18, 1879, of all the crop then growing on the land in question. The plaintiff claimed the wheat as holder of a note of William Kelly given, on March 19, 1879, for seed, of the value of $193, from which the crop was raised, and by virtue of the statutory lien…
1Opinion of the CourtBerry, J.
It is enacted in Gen. St. 1878, c. 39, § 21, that “any person who desires to secure a loan or purchase of sowing-seed at any time, may, at the time of receiving such seed, give a note or contract for the same to the party of whom he secures it, stating the amount and kind of seed, the terms of the loan or purchase, and the time and manner of return or payment; and the party furnishing such seed, and receiving such note or contract therefor, may acquire a just and valid lien upon the crop growing or raised from such seed, by filing, as hereinafter provided, said' note or contract, or a true…
2Cited by9 opinions
- Lavin v. BradleyNorth Dakota Supreme Court · 1890
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Endreson v. LarsonSupreme Court of Minnesota · 1907
- Chaffee v. EdingerNorth Dakota Supreme Court · 1915
- Schlosser v. MooresNorth Dakota Supreme Court · 1907
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