McDonald v. Peacock
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Pope-county, to recover for the alleged conversion of wheat by defendant,, the sheriff of that county. The defendant justified the taking under writs of attachment against the property of one Thomas McDonald,, and denied plaintiffs title. The action was tried before Baxter, J.,, and a jury, and plaintiff had a verdict. Defendant appeals from an. order refusing a new trial.
1Opinion of the CourtDickinson, J.
The defendant, as sheriff of Pope county, under writs of attachment and execution against Thomas McDonald, levied upon and sold a field of grain growing, at the time of the levy, upon the land of the said Thomas McDonald. This plaintiff, James B. McDonald, claiming to be the owner of the grain, brings this action to recover for the alleged conversion. The plaintiff’s right respecting the property was acquired under a written contract between Thomas McDonald and the plaintiff. By the terms of this instrument, Thomas “demised, leased, and let” to the plaintiff the land upon which this grain was…
2Cases cited2 opinions
- Wood v. WeimarSupreme Court of the United States · 1881
- Stillman v. Northern Pacific, Fergus & Black Hills RailroadSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Graves v. BonnessSupreme Court of Minnesota · 1906
- Kassmir v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1934
- London & North West American Mortgage Co. v. St. Paul Park Improvement Co.Supreme Court of Minnesota · 1901