Butler v. White
Supreme Court of Minnesota
Plaintiff brought this action, on May 9,1873, in the district court for Cottonwood, Murray ■ and Pipestone counties, to recover possession of a large quantity of lumber, taken by the defendant as sheriff of Cottonwood county on execution on a judgment in favor of the St. Paul Lumber Co., against Ahimiaz E. Wood.- A jury was waived, and the action tried by a referee, who found the facts, in substance, as follows: On June 8, 1872, A. E. Wood was engaged in the-lumber business…
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Plaintiff brought this action, on May 9,1873, in the district court for Cottonwood, Murray ■ and Pipestone counties, to recover possession of a large quantity of lumber, taken by the defendant as sheriff of Cottonwood county on execution on a judgment in favor of the St. Paul Lumber Co., against Ahimiaz E. Wood.- A jury was waived, and the action tried by a referee, who found the facts, in substance, as follows: On June 8, 1872, A. E. Wood was engaged in the-lumber business at Windom in' Cottonwood county, where he owned a lumber-yard and the lumber therein. On that day, being insolvent and…
1Opinion of the Court
Berry, J.*
1. The instrument executed by J. H. Wood, running to the plaintiffs, was of the same character as the instrument treated of in the opinion of this court in Camp v. Thompson, ante, p. 175. It was therefore not a chattel mortgage, but an absolute conveyance; and if not'invalid, it operated to make the plaintiffs general owners of the property conveyed by it.
2. The defendant’s position in reference to the matter of "the demand, or more properly speaking, the notice, required by Gen. St. c. 66, § 137, to be given to a levying officer in certain eases, is disposed of by the construction…
2Cases cited1 opinion
- Barry v. McGradeSupreme Court of Minnesota · 1869
3Cited by18 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Dolan v. Van DemarkSupreme Court of Kansas · 1886
- Kiewel v. TannerSupreme Court of Minnesota · 1908
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
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