DeGraw v. King
Supreme Court of Minnesota
Plaintiff, as assignee of one Ramaley, brought this action in the district court for Ramsey county, to recover possession of certain personal property, which defendant had levied upon and taken into his possession under execution issued against Ramaley. On the trial before Simons, J., a jury having been waived, plaintiff, to show title in himself, put in evidence an assignment for the benefit of creditors, by Ramaley to himself.
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Plaintiff, as assignee of one Ramaley, brought this action in the district court for Ramsey county, to recover possession of certain personal property, which defendant had levied upon and taken into his possession under execution issued against Ramaley. On the trial before Simons, J., a jury having been waived, plaintiff, to show title in himself, put in evidence an assignment for the benefit of creditors, by Ramaley to himself. This assignment was properly executed by Ramaley, but the certificate of acknowledgment, taken by a notary public, bore no notarial seal. Immediately below this…
1Opinion of the CourtGilFillan, C. J.
As found by the court below, the assignment by Ramaley to DeGraw had indorsed on it a certificate of its acknowledgment in due form, signed by a notary, but with no notarial seal attached to it. Following this certificate, on the same page, there was another certificate, by the same notary, of the acknowledgment by the assignee of the execution of his acceptance. This had the notarial seal attached. The statute, Gen. St. 1878, c. 41, § 23, requires an assignment for the benefit of creditors to be “duly acknowledged before an officer authorized by law to take acknowledgment of deeds, and the…
2Cases cited2 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- State v. CoyleSupreme Judicial Court of Maine · 1851
3Cited by13 opinions
- Colman v. GoodnowSupreme Court of Minnesota · 1886
- Downing v. LucySupreme Court of Minnesota · 1913
- Bennett v. KnowlesSupreme Court of Minnesota · 1896
- Thompson v. ScheidSupreme Court of Minnesota · 1888
- Holmes v. LoughrenSupreme Court of Minnesota · 1906
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