Phelps v. Northern Trust Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to set aside a levy made upon certain real estate under an execution issued out of the same court upon two judgments of $1,373.13 and $1,384.87, respectively, against the plaintiff in this action, and to enjoin defendant company and its receiver from making any levy upon said real estate and from selling the same, and for a decree that said judgments are not a lien upon the premises.
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Action in the district court for Hennepin county to set aside a levy made upon certain real estate under an execution issued out of the same court upon two judgments of $1,373.13 and $1,384.87, respectively, against the plaintiff in this action, and to enjoin defendant company and its receiver from making any levy upon said real estate and from selling the same, and for a decree that said judgments are not a lien upon the premises. The findings of the court, Elliott, J., are stated in the opinion. From an order denying defendants’ motion for a new trial, they appealed. Upon the plat mentioned…
1Opinion of the Court
start, C. J.
This action was brought to remove a cloud on the plaintiff’s title to the land described in the complaint, the plaintiff alleging that the whole thereof is and has been his homestead from a date prior to the docketing of two certain judgments in favor of the defendant and against the plaintiff. A part of the land was platted by the plaintiff into lots as hereinafter stated, and the defendant levied upon 57 of the lots by virtue of one of the judgments, and thereupon the plaintiff brought this action. The defendant denied that the part of the lots levied upon were any part of…
2Cases cited2 opinions
- Wilson v. ProctorSupreme Court of Minnesota · 1881
- First National Bank v. HowSupreme Court of Minnesota · 1895
3Cited by3 opinions
- Brixius v. ReimringerSupreme Court of Minnesota · 1907
- Gale v. HopkinsSupreme Court of Minnesota · 1925
- In Re PriebeUnited States Bankruptcy Court, D. Minnesota · 1987