First National Bank v. Rogers
Supreme Court of Minnesota
Plaintiff brought this action, in April, 1871, in the district court for Dakota county, asking that the satisfaction of a former judgment in the same court, in his favor and against the same defendants, might be vacated, and such judgment reinstated to the amount of $2,906.00, and to have execution for that amount, and for general relief.
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Plaintiff brought this action, in April, 1871, in the district court for Dakota county, asking that the satisfaction of a former judgment in the same court, in his favor and against the same defendants, might be vacated, and such judgment reinstated to the amount of $2,906.00, and to have execution for that amount, and for general relief. The action was tried by Crosby, J., who found the facts, in substance, as follows: On October 2, 1869, judgment for $6,485.12 was entered and docketed in the same court, in favor of plaintiff and against the defendants, William K. Rogers, William Gr. LeDuc…
1Opinion of the CourtCornell, J.
It is claimed by defendants that the rule caveat emjptor applies to all purchases at an execution sale by a sheriff, unaccompanied by fraud, and that where the judgment creditor becomes the purchaser at such a sale, and the execution and judgment are satisfied to the amount of his bid, a court of equity cannot vacate and set aside the satisfaction and sale, and issue a new execution, even though the purchaser acquires nothing, and the judgment debtor loses nothing, by the sale, by reason of the fact that the sheriff assumed to sell property belonging to a stranger, and which he had no…
2Cases cited8 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Muir v. CraigIndiana Supreme Court · 1833
- Hughes v. StreeterIllinois Supreme Court · 1860
- Ritter v. HenshawSupreme Court of Iowa · 1858
- Julian v. BealIndiana Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Sharecom, Inc. v. LDB International Corp.Court of Appeals of Minnesota · 1996
- Cheney v. BengtsonSupreme Court of Minnesota · 1935
- Hermance v. BraunWisconsin Supreme Court · 1939
- Ridgway v. MirkovichSupreme Court of Minnesota · 1935