Dutcher v. Culver
Supreme Court of Minnesota
The plaintiff, as administratrix of the estate of her late husband, Gilbert Dutcher, brought this action against George Culver, John Farrington, certain heirs-at-law of William J. Cullen, deceased, E. R. George, and James Mullins, praying that the defendants be enjoined from selling certain personal property which had been distrained for rent in arrear by the defendant Mullins, as agent of the other defendants, (except George,) that the distress be declared void, and for…
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The plaintiff, as administratrix of the estate of her late husband, Gilbert Dutcher, brought this action against George Culver, John Farrington, certain heirs-at-law of William J. Cullen, deceased, E. R. George, and James Mullins, praying that the defendants be enjoined from selling certain personal property which had been distrained for rent in arrear by the defendant Mullins, as agent of the other defendants, (except George,) that the distress be declared void, and for other relief. A demurrer to the answer was overruled by the district court for Eamsey county, Simons, J., presiding, and…
1Opinion of the CourtBerry, J.
The main question presented by this case is whether the common-law right of a landlord to distrain for rent in arrear, exists in this state. Section 12 of the organic act of the territory of Minnesota (passed March 3,1849,) provides that “the laws in force in the territory of Wisconsin, at the date of the admission of the state of Wisconsin, (May 29, 1848,) shall continue to be valid and operative therein,” (i. e. in the territory of Minnesota,) “so far as the same be not incompatible with the provisions of this act, subject nevertheless to be altered, modified or repealed by the governor and…
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