Legal Opinion

Lesher v. Getman

Supreme Court of Minnesota

Decided July 2, 1881PublishedCited by 9 opinions

Appeal by defendants from a judgment of the district court for Dodge county, where the action was tried before Brown, J., (acting for the judge of the 5th district,) a jury being waived.

1Opinion of the CourtMitchell, J.

In October, 1878, one Hageman executed to plaintiff a deed of assignment of all his property, for the' benefit of his creditors. Plaintiff accepted the trust, qualified, and took possession of the property. Subsequently, the defendant Gutman, as sheriff, under several executions against Hageman, levied upon the property in question, and took it from the possession of plaintiff. Plaintiff then brought this action for damages for such alleged wrongful taking. Defendant justifies under the executions, and alleges that the assignment referred to was made by Hageman with intent to hinder, delay…

2Cases cited2 opinions

  1. Chaska Co. v. Board of SupervisorsSupreme Court of Minnesota · 1861
  2. Bennett v. EllisonSupreme Court of Minnesota · 1876

3Cited by9 opinions

  1. Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
  2. State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
  3. W. P. Noble Mercantile Co. v. Mount Pleasant Equitable Co-operative InstitutionUtah Supreme Court · 1895
  4. Simon v. MannSupreme Court of Minnesota · 1885
  5. Mitchell v. GreenSupreme Court of Minnesota · 1914

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