Central Motors Supply Co. Inc. v. Brown

Julius J. Olson, Justice.

Action in conversion to recover the value of seven automobiles claimed to have been wrongfully taken and sold by defendant as sheriff under an execution issued upon a personal judgment theretofore recovered by Duluth Plumbing Supplies Company against one- W. L. Isensee. After both parties rested, the court was of the view that there was only one .issue to go to the jury, i. e., whether plaintiff or Isensee, the judgment debtor, was in fact the owner of the automobiles at the time of the levy. The court’s instructions on this phase read:

“The burden is upon the…