Legal Opinion

Hazlett v. Babcock

Supreme Court of Minnesota

Decided April 27, 1896No. Nos. 9670-(13)PublishedCited by 3 opinions

Appeal by plaintiff from an order of the district court for Wadena county, Holland, J., denying a motion for a new trial.

1Opinion of the CourtMitchell, J.

Action of replevin, the plaintiff claiming the property under a chattel mortgage executed by one Oscar Pelton, and the defendants claiming it under a levy on execution upon a judgment against Barbara E. Pelton, the wife of Oscar Pelton, plaintiff’s mortgagor.

The only issue in the case was whether the property originally belonged to Oscar Pelton, or to Barbara, his wife. It consisted of grain raised on land owned by the wife; but, of course, the land might belong to the one, and the crops to the other. When the plaintiff rested, the court directed a verdict for the defendants. This was error.…

2Cases cited2 opinions

  1. Duncan v. KohlerSupreme Court of Minnesota · 1887
  2. Heartz v. KlinkhammerSupreme Court of Minnesota · 1888

3Cited by3 opinions

  1. Unke v. DahlmierSupreme Court of Minnesota · 1899
  2. Singer v. Farmers State Bank of GoodridgeSupreme Court of Minnesota · 1924
  3. Thomas v. HansenSupreme Court of Minnesota · 1926

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