Howard v. Rugland
Supreme Court of Minnesota
Action to recover possession of 476 bushels of wheat and 120bush-els of oats, alleged to have been wrongfully taken from plaintiff’s possession on June 27, 1883, and to be still detained from him by defendants.
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Action to recover possession of 476 bushels of wheat and 120bush-els of oats, alleged to have been wrongfully taken from plaintiff’s possession on June 27, 1883, and to be still detained from him by defendants. The complaint states the value of the wheat to be $476 and of the oats $42. The defendants justified under an execution on a judgment against plaintiff and in favor of defendant Eugland, by virtue of which the defendant Bartleson, as sheriff, on May 5, 1883, levied on about 30 acres of growing grain, — wheat and oats, — and on August 13, 1883, sold the grain so levied on, being then…
1Opinion of the CourtBerrt, J.
1. Section 310, chapter 66, Gen. St. 1878, provides for the exemption from attachment or sale, on final process, of, among other things, certain live-stock, and “the necessary food” for the same “for one year’s support, either provided or growing, or both, as the debtor may choose;” and also of “the provisions for the debtor and his family necessary for one year’s support, either provided or growing, or both;” such “food” and “provisions” to “be chosen by the debtor, his agent, clerk, or legal representative, as the case may be;” also “necessary seed grain” (not exceeding certain quantities)…
2Cases cited5 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Sherman v. ClarkSupreme Court of Minnesota · 1877
- Zielke v. MorganWisconsin Supreme Court · 1880
- McAbe v. ThompsonSupreme Court of Minnesota · 1880
- Murphy v. ShermanSupreme Court of Minnesota · 1878
3Cited by2 opinions
- Harrington v. SmithSupreme Court of Colorado · 1890
- Thompson v. PetersonSupreme Court of Minnesota · 1913