Straw v. Jenks
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Grand Porks county; Hon. W. B. McConnell, Judge. Action by mortgagees to recover damages for conversion of mortgaged property. The alleged conversion consisted in defendant, who was sheriff, levying certain warrants of attachment against the mortgagors upon the mortgaged .property, which had been taken possession of by the mortgagees.
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APPEAL from the district court, Grand Porks county; Hon. W. B. McConnell, Judge. Action by mortgagees to recover damages for conversion of mortgaged property. The alleged conversion consisted in defendant, who was sheriff, levying certain warrants of attachment against the mortgagors upon the mortgaged .property, which had been taken possession of by the mortgagees. Defense, that the mortgagors were insolvent, and that tbe mortgage constituted an assignment for the benefit of creditors, and was void, because it preferred the mortgagees, plaintiffs, to the exclusion of other creditors. The…
1Opinion of the CourtSpencer, J.
(After stating the facts as above.) This action was brought to recover from the defendant the value of a stock of merchandise alleged.to have been by him converted to his own use. The plaintiffs were mortgagees of said property, and in possession thereof at the time of the alleged conversion. The defendant was sheriff, and levied upon such property by virtue of certain writs of attachment to him duly issued against the property of J. K. Johnson & Co., at the suit of certain of their creditors. The mortgage under which plaintiffs claim was executed by said firm of J. K. Johnson & Co. The…
2Cases cited7 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Winner v. HoytWisconsin Supreme Court · 1886
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Dickson v. L. & S. RawsonOhio Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Smith v. BakerSupreme Court of Oklahoma · 1897
- E. S. Jaffray & Co. v. Wolf & SonSupreme Court of Oklahoma · 1893
- Cutter v. PollockNorth Dakota Supreme Court · 1894
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