Tancre v. Reynolds
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Douglas an< Grant counties, against Charles Pullman and Joseph W. Reynolds to recover possession of personal property of the alleged value oH $1,000. The defendant Reynolds, in his separate answer, asserteffl title to the property by virtue of a bill of sale from plaintiff, as sefli curity for a debt of $900 then due to him from plaintiff, the partieH agreeing that in case be should sell the property for more than thfll…
Read the full summary
Plaintiff brought this action in the district court for Douglas an< Grant counties, against Charles Pullman and Joseph W. Reynolds to recover possession of personal property of the alleged value oH $1,000. The defendant Reynolds, in his separate answer, asserteffl title to the property by virtue of a bill of sale from plaintiff, as sefli curity for a debt of $900 then due to him from plaintiff, the partieH agreeing that in case be should sell the property for more than thfll debt, the surplus should be paid to plaintiff. In his reply plaintiff denied that when he made the bill of sale he owed…
1Opinion of the CourtBerry, J.
1. This is the ordinary action of claim and delivery, ¡resenting issues of fact, and therefore for a jury. Gen. St. 1878, c. ¡6, § 216; Blackman v. Wheaton, 13 Minn. 299, (326.) That, as ¡earing upon defendant’s title to and right of possession of the prop-irty in controversy, certain principles of equity are invoked, does not ,lter the case.
2. The complaint alleges plaintiff’s ownership and right to posses-ion in the present tense. This is as it should be in this form of .ction, which is founded upon the present right of the plaintiff, and ot, as in trover, upon a past conversion, in…
2Cases cited5 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- State v. GrearSupreme Court of Minnesota · 1881
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Waller v. KeyesSupreme Court of Vermont · 1834
- Towle v. St. Paul Permanent Loan Co.Supreme Court of Minnesota · 1901
3Cited by12 opinions
- Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
- Thweatt v. FreemanSupreme Court of Arkansas · 1905
- Colstad v. LevineSupreme Court of Minnesota · 1954
- Crim v. ThompsonOregon Supreme Court · 1920
- Klein v. BorchertSupreme Court of Minnesota · 1903
7 more not listed; retrieve them via the Exa API.