Potts v. Newell
Supreme Court of Minnesota
Plaintiff brought this action to recover for the conversion of certain wheat. The plaintiff claimed title to the wheat under a chattel mortgage from one Gauthier.
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Plaintiff brought this action to recover for the conversion of certain wheat. The plaintiff claimed title to the wheat under a chattel mortgage from one Gauthier. The defendants, in their answer, alleged that the mortgage passed no title to plaintiff, that it was fraudulent as to creditors, and that the defendant Newell, as sheriff of Dakota county, took and sold the wheat under and by virtue of an execution on a judgment against Gauthier, and in favor of the other defendants. At the trial, in the court of common picas of Ramsey county, it appeared that in April, 1875, Gauthier, being the…
1Opinion of the Court
Gileillan, C. J.1
Conceding, as is contended by defendants, that the contract between Gauthier and O’Neil created *563the relation of landlord and tenant, and that the title to the entire crops was in O’Neil until the one-third which he was to pay or deliver to Gauthier as rent should be set apart as agreed upon, still the plaintiff, as the case stands, was entitled to recover. In that view of the character of the contract, Gauthier had, under it, the right to demand and receive one-third of the wheat as soon as it was threshed, and this right would draw to it the legal title to the third the…
2Cited by11 opinions
- McNeal v. RiderSupreme Court of Minnesota · 1900
- National Bank of Wheaton v. ElkinsSouth Dakota Supreme Court · 1916
- Riddle v. DowSupreme Court of Iowa · 1896
- Denison v. SawyerSupreme Court of Minnesota · 1905
- Schuchard v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1928
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