Holcombe v. Tracy
Supreme Court of Minnesota
This action was commenced in the District Court of Washington County. The Complaint was founded upon a record of a judgment of the Circuit Court of Saint Louis County, Missouri, rendered the 22d day of December, 1840. The action was commenced by service of the summons, on the Defendant, on the 27th June, 1856. The Defendant, Holcombe, appeared and answered, First.
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This action was commenced in the District Court of Washington County. The Complaint was founded upon a record of a judgment of the Circuit Court of Saint Louis County, Missouri, rendered the 22d day of December, 1840. The action was commenced by service of the summons, on the Defendant, on the 27th June, 1856. The Defendant, Holcombe, appeared and answered, First. That the judgment set forth in the complaint, was not at the commencement of the action, owned by, or the property of the Plaintiff, but that the same was then owned by, and the property of one Park Loomis, of the State of…
1Opinion of the Court
By the Oowrt.
L. Emmett, J.
On the 22nd of December, A. D. 1840, a judgment was rendered in the Circuit Court of the County of St. Louis, Missouri, against William Holcombe and Beuben M. Strother, and in favor of the firm of E. & A. Tracy, for the sum of $1158,00. On the 2'Tth of June, 1856, Alfred Tracy, as the surviving partner of the firm of E. & A. Tracy, commenced an action on tins judgment in Washington County, Minnesota, but obtained service on Holcombe only, who answered, alleging that the Plaintiff was not the owner of said judgment, but that it belonged to and was owned by one Parke…
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