Wood v. Matter
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Brown county, Webber, J. Although, as between vendor and vendee and as against strangers and trespassers, the title to personal property passes by sale without delivery, the same rule does not apply as against creditors and an officer acting for the creditors.
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Appeal by defendant from a judgment of the district court for Brown county, Webber, J. Although, as between vendor and vendee and as against strangers and trespassers, the title to personal property passes by sale without delivery, the same rule does not apply as against creditors and an officer acting for the creditors. As against these there must not only be a change of possession as between the parties, but the change of possession must be so open and apparent that it can be observed and noted without special investigation or inquiry. Claflin v. Rosenburg, 43 Mo. 449; Lay v. Neville, 25…
1Opinion of the CourtLovely, J.
Action to recover personal property taken under an execution. Plaintiff, a third party to the suit in which the process was issued, demanded its return, and brought suit in claim and delivery for the recovery thereof. The cause was tried to the court and a jury. A verdict was returned in favor of plaintiff. Upon a settled case motion for a new trial was made and denied. Judgment was then entered from which defendant appeals.
The question determined by the verdict is one of fact, and involves solely the possession of the property at the time of the levy. The following facts supporting the…
2Cases cited4 opinions
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
- Tyler v. HanscomSupreme Court of Minnesota · 1881
- Ely v. TitusSupreme Court of Minnesota · 1869
- Granning v. SwensonSupreme Court of Minnesota · 1892
3Cited by4 opinions
- Kiewel v. TannerSupreme Court of Minnesota · 1908
- Aber v. TwichellNorth Dakota Supreme Court · 1908
- Consolidated Lumber Co. v. Mercury Insurance Co.Supreme Court of Minnesota · 1933
- Kroll v. MoritzSupreme Court of Minnesota · 1910