Howland v. Fuller
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RICE COUNTY. Points and Authorities of Appellant. - I. — The Judge erred in receiving against Plaintiff’s objection evidence of tbe declarations of Charles M. Babcoclt, the execution debtor, under whom the Defendant justified as sheriff of the county (see the evidence of George Douglass and Thomas Bradway.) 1st. Such declarations having been made by tbe vendor subsequent to tbe sale and transfer to the Plaintiff. 14 Mass. JR.r 245; 4 Mmn.
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APPEAL EROM THE DISTRICT COURT OE RICE COUNTY. Points and Authorities of Appellant. - I. — The Judge erred in receiving against Plaintiff’s objection evidence of tbe declarations of Charles M. Babcoclt, the execution debtor, under whom the Defendant justified as sheriff of the county (see the evidence of George Douglass and Thomas Bradway.) 1st. Such declarations having been made by tbe vendor subsequent to tbe sale and transfer to the Plaintiff. 14 Mass. JR.r 245; 4 Mmn. J£., 211; 5 Minn. M., 133-4, Derby d? Day vs. Gallup. 2d. And these declarations, thus erroneously admitted, were rendered…
1Opinion of the Court
By the Court
Atwater, J.
This was an action of replev-in, for a span of horses and whiffietree, claimed by Howland, Plaintiff below, as his property. The Defendant admits the taking, and justifies as sheriff under an execution in favor of Hans Christophersen against Charles M. Babcock, and alleging that the property belonged to said Babcock at the time of the levy. There was a jury trial, and verdict for the Defendant. The Plaintiff made a motion for a new trial, which was denied, and the Plaintiff appeals to this Court.
*56It appeals from the evidence that Howland claimed the property by virtue of…
2Cases cited4 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Derby v. GallupSupreme Court of Minnesota · 1860
- White v. . SpencerNew York Court of Appeals · 1856
- Tullis v. OrthweinSupreme Court of Minnesota · 1861