Best v. Muir
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by William H. Best against Walter Muir and others. Judgment for defendants, and plaintiff appeals. It is sufficient if the defendant had constructive possession of the property, that is if it was under his control at the time of demand so that he could deliver it to plaintiff.
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Appeal from District Court, Cass County; McConnell, J. Action by William H. Best against Walter Muir and others. Judgment for defendants, and plaintiff appeals. It is sufficient if the defendant had constructive possession of the property, that is if it was under his control at the time of demand so that he could deliver it to plaintiff. Gallagher v. Bishop, 15 Wis. 303; Latimer v. Wheeler, 1 Keyes 468; Dunham v. Tray, 3 Keyes 543; Bradley v. Gamelle, 7 Minn. 331, 20 Am. & Eng. Ene. L. 1061. If defendant has possession of the property at the time of demand and wrongfully parts with possession…
1Opinion of the CourtCorliss, C. J.
Plaintiff is seeking to recover the possession of certain wheat, which he claims under a chattel mortgage. The mortgage was given to him by David Ballinger, who raised the grain. Ballinger had a contract with the defendant for the purchase from him of a quarter section of land in this state; and under the contract Ballinger took possession of the land, and raised *46thereon the wheat in question. Assuming for the purposes of the disposition of this case that the plaintiff was entitled to the possession of the property at the time the action was commenced, still it is obvious, under the…
2Cited by8 opinions
- Hoven v. McCarthy Brothers Co.Supreme Court of Minnesota · 1925
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Dammann v. Schibsby Implement Co.North Dakota Supreme Court · 1915
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