Baldwin v. Rogers
Supreme Court of Minnesota
This action was commenced by M. A. Baldwin, in the district court for Wabasha county, to subject certain land to levy and sale on an execution issued in his • favor against the property of defendant Michael O’Laughlin, and which land — a tract of '820 acres — had been conveyed by O’Laughlin, (who was a widower,) to defendant Rogers, by deed absolute in form, prior to the rendition of the judgment on which plaintiff’s execution issued, but subsequently, as alleged,' to the…
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This action was commenced by M. A. Baldwin, in the district court for Wabasha county, to subject certain land to levy and sale on an execution issued in his • favor against the property of defendant Michael O’Laughlin, and which land — a tract of '820 acres — had been conveyed by O’Laughlin, (who was a widower,) to defendant Rogers, by deed absolute in form, prior to the rendition of the judgment on which plaintiff’s execution issued, but subsequently, as alleged,' to the time when the indebtedness on which the judgment is founded, accrued. Defendant Rogers answered, and the case was tried by…
1Opinion of the Court
Berry, J.*
The facts following are found by the court below:
On July 10, 1879, a judgment was duly entered and docketed in the district court for our county of Wabasha, in favor of plaintiff and against defendant O’Laughlin, founded upon an indebtedness of the latter to the former, existing for more than one year prior thereto. Execution, issued July 12, 1879, was on July 16, 1879, duly levied upon 320 acres of land, to-wit, the west half of section 35, township 111, range 13, Wabasha county.
*547On April 16, 1879, O’Laughlin was owner and in possession of said land, which was of the value of…
2Cases cited4 opinions
- Piper v. JohnstonSupreme Court of Minnesota · 1866
- Morrison v. AbbottSupreme Court of Minnesota · 1880
- Doe on Dem. Credle v. CarrawanSupreme Court of North Carolina · 1870
- Rice v. PerrySupreme Judicial Court of Maine · 1872
3Cited by20 opinions
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- Roberts v. FriedellSupreme Court of Minnesota · 1944
- Keith v. AlbrechtSupreme Court of Minnesota · 1903
- Horton v. KellySupreme Court of Minnesota · 1889
- Aretz v. KloosSupreme Court of Minnesota · 1903
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