Ward v. Anderberg
Supreme Court of Minnesota
Replevin. Plaintiff brought this action in a justice’s court, to recover the possession of a horse, and, judgment having been rendered in favor of defendant, appealed to the district court for Goodhuecounty upon questions of law and fact. Plaintiff’s claim to the right of possession of the horse was made as mortgagee under a chattel mortgage given by one Peterson, by whom the horse was delivered to the defendant subsequent to the giving and filing of plaintiff’s mortgage.
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Replevin. Plaintiff brought this action in a justice’s court, to recover the possession of a horse, and, judgment having been rendered in favor of defendant, appealed to the district court for Goodhuecounty upon questions of law and fact. Plaintiff’s claim to the right of possession of the horse was made as mortgagee under a chattel mortgage given by one Peterson, by whom the horse was delivered to the defendant subsequent to the giving and filing of plaintiff’s mortgage. On the trial in the district court, before McCluer, J., and a jury, the plaintiff’s mortgage was-offered in evidence, and…
1Opinion of the CourtBerry, J.
The plaintiff claims the horse in controversy as a mortgagee. Upon the trial, having introduced the note which, as he testified, was secured by the mortgage, and which drew interest at 10 per cent., and having proved filing and indexing, he offered the mortgage itself in evidence. It is conditioned for the payment of a named sum, “according to a certain note of even date, with interest at twelve per cent.” Save as respects this rate of interest, the condition conforms accurately to the terms of the note. Defendant objected to the introduction of the mortgage, on the ground that it was…
2Cited by8 opinions
- American Inv. Co. v. LyonsNew Mexico Supreme Court · 1923
- Patterson v. WymanSupreme Court of Minnesota · 1919
- Hatcher v. Union Trust Co. of MarylandSupreme Court of Minnesota · 1928
- Swanson v. Realization & Debenture Corp.Supreme Court of Minnesota · 1897
- Strauss v. BruceCalifornia Court of Appeal · 1934
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