Olson v. O'Connor
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Stina M. Olson against M. J. O’Connor, sheriff, and Andy Jones. 'Verdict for plaintiff. From an order granting a new trial, plaintiff appeals. When the sheriff seized the property in dispute he took it from the possession of plaintiff, who told him that it was her property. He therefore cannot justify his seizure under claim and delivery process against her husband.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by Stina M. Olson against M. J. O’Connor, sheriff, and Andy Jones. 'Verdict for plaintiff. From an order granting a new trial, plaintiff appeals. When the sheriff seized the property in dispute he took it from the possession of plaintiff, who told him that it was her property. He therefore cannot justify his seizure under claim and delivery process against her husband. Welter v. Jacobson, 7 N. D. 32, 73 N. W. Rep. 65; § § 2766-2767, Rev. Codes. The common law presumption does not prevail that when property is found in the…
1Opinion of the CourtYoung, J.
Action in conversion to recover the value of a quantity of grain. Plaintiff claims as owner, and alleges that the grain in controversy was raised by her in 1896, and upon land of which she was the owner. Defendants admit the taking, and quantity and value of the grain, but allege as a complete defense that the same was not the property of the plaintiff, but was owned by Albert G. Olson, plaintiff’s husband, and that the same was taken by the defendant O’Connor, as sheriff of Grand Forks county, under and *506by virtue of certain claim and delivery proceedings which were based upon a , chattel…
2Cases cited13 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Steele v. . BenhamNew York Court of Appeals · 1881
- De Wolf v. WilliamsNew York Court of Appeals · 1877
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3Cited by12 opinions
- Cary v. CaryOregon Supreme Court · 1938
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- Witzig v. PhilipsSupreme Court of Minnesota · 1966
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- Strampher v. HupeNorth Dakota Supreme Court · 1931
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