Ruble v. Nyseth

The plaintiff brought action against the defendant to recover on certain promissory notes and garnished money in the hands of one H. A. Knudson. It is undisputed this money is part of the proceeds of an auction sale of defendant’s property. The intervenor claims he had a mortgage upon the property sold, which claim is resisted by the plaintiff. The controversy in this appeal is between the plaintiff and intervenor over this money in the hands of the garnishee.

The case was tried to the court without a jury, and the only questions involved in the lawsuit are two questions of fact.

The first…