Galde v. Forsyth
Supreme Court of Minnesota
Action of claim and delivery of personal property in the district court for Watonwan county. The case was tried before Severance, J., whose findings embraced the following facts: One Horton, on May 25, 1896, executed to plaintiff a chattel mortgage on the property described in the complaint, together with other property, to secure the payment of $1,000. The mortgage, which was duly filed, contained a clause authorizing the plaintiff, at any time when he should deem the debt…
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Action of claim and delivery of personal property in the district court for Watonwan county. The case was tried before Severance, J., whose findings embraced the following facts: One Horton, on May 25, 1896, executed to plaintiff a chattel mortgage on the property described in the complaint, together with other property, to secure the payment of $1,000. The mortgage, which was duly filed, contained a clause authorizing the plaintiff, at any time when he should deem the debt secured to be insecure, to take possession of the property, and to sell and dispose of it at public auction, as provided…
1Opinion of the CourtCollins, J.
In Barber v. Amundson, 52 Minn. 358, 54 N. W. 733, it was held that an officer levying an execution upon a mortgagor’s right and interest in mortgaged chattels for the purposes of sale, after default, but before possession had been taken by the mortgagee, has the right of actual custody, and, as against the mortgagee, to detain the same for the time prescribed by law for bringing them to sale on the execution. The only features which distinguish that case from the one before us are that in this no default bad occurred, a part only of the mortgaged property was seized by the officer, the…
2Cases cited3 opinions
- Deal v. D. M. Osborne & Co.Supreme Court of Minnesota · 1889
- Manning v. MonaghanThe Superior Court of New York City · 1857
- Barber v. AmundsonSupreme Court of Minnesota · 1893
3Cited by1 opinion
- Casper v. Regional Agricultural Credit Corp.Supreme Court of Minnesota · 1938