Vanderburgh v. Bassett
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP HENNEPIN COUNTY.' Points and antliorities of Appellants : Fi/rst. — Until the Plaintiff proved some title other than naked possession of the property, the attachment in Yandenhurg & Co. vs. Sholl & Atwood justified the Sheriff and Deputy in attaching the property on April 27th, 1858, without any proof that Yanderhnrgh &Co., were creditors of Sholl & Atwood; and the levy vested a title in the officer against every person not showing title. 6…
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APPEAL PROM THE DISTRICT COURT OP HENNEPIN COUNTY.' Points and antliorities of Appellants : Fi/rst. — Until the Plaintiff proved some title other than naked possession of the property, the attachment in Yandenhurg & Co. vs. Sholl & Atwood justified the Sheriff and Deputy in attaching the property on April 27th, 1858, without any proof that Yanderhnrgh &Co., were creditors of Sholl & Atwood; and the levy vested a title in the officer against every person not showing title. 6 Johns. R. 195; 5 Wen. R. 171; 16 Wen R. 514, 562; 8 Wen. R. 445; 12 Wen. R. 496; 7 Cow. R. 294, note (1); Cowen & Hill's…
1Opinion of the CourtAtwater, J.
By the Court. This was an action commenced in the District Court for the Fourth Judicial District, by Bassett, the Plaintiff below, to.recover of the Defendants the value of certain personal property, alleged to have been wrongfully taken by the Defendants and converted to their own use, of the value of six hundred dollars. It appears from the case that the firm of Sholl & Atwood, doing business in Hennepin County, becoming insolvent, made a general assignment to Bassett for the benefit of their creditors, and that the property, which is the subject of this action, was a part of that received…
2Cases cited2 opinions
- Nisbet v. PattonSupreme Court of Pennsylvania · 1833
- M'Laughlin v. Waite & WaiteNew York Supreme Court · 1827
3Cited by10 opinions
- State v. SchifskySupreme Court of Minnesota · 1955
- Pickett v. PickettSupreme Court of Minnesota · 1880
- State ex rel. Stundahl v. RichardsonSupreme Court of Minnesota · 1885
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1877
- State v. FreySupreme Court of Minnesota · 1899
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