Schwantz v. Kleiber
Supreme Court of Minnesota
Action in replevin in the district court for Olmsted county or in case the property could not be returned for $500, its value, and $50 damages for its detention. The case was tried before Callaghan, J., and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for a new trial was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Suit in replevin. The sheriff took the property under the writ, but left it in the possession of defendant and took her receipt for it. At the trial, plaintiff sought to prove title to the property under chattel mortgages given by David Kleiber, husband of defendant, who had died before the suit was brought. Defendant sought to prove that the mortgage debt had been paid, and also 'that the property did not belong to David Kleiber when he mortgaged it, but to their children who had turned it over to her after his death. The jury returned a verdict for defendant. Plaintiff made a…
2Cases cited11 opinions
- Madson v. MadsonSupreme Court of Minnesota · 1897
- Ikenberry v. New York Life InsuranceSupreme Court of Minnesota · 1914
- Theodore Wetmore & Co. v. ThurmanSupreme Court of Minnesota · 1913
- Moe v. PaulsonSupreme Court of Minnesota · 1915
- Pitzl v. WinterSupreme Court of Minnesota · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mitchell v. MortenSupreme Court of Minnesota · 1952
- Miller v. O'BrienWashington Supreme Court · 1943