Baker v. Taylor
Supreme Court of Minnesota
Appeal by defendant, James Taylor, from an order of the District Court of Otter Tail County, D. B. Searle, J., made August 26, 1892, denying his motion for a new trial. On April 23, 1886, Mortimer Taylor, defendant’s son, sold to Phin-eas Dibbs, a mare then with foal, reserving the foal, and allowing Dibbs twenty-five dollars to raise it. The colt was born two or three weeks later, and was raised by Dibbs.
Read the full summary
Appeal by defendant, James Taylor, from an order of the District Court of Otter Tail County, D. B. Searle, J., made August 26, 1892, denying his motion for a new trial. On April 23, 1886, Mortimer Taylor, defendant’s son, sold to Phin-eas Dibbs, a mare then with foal, reserving the foal, and allowing Dibbs twenty-five dollars to raise it. The colt was born two or three weeks later, and was raised by Dibbs. In October and November, 1886, Dibbs mortgaged the colt with other property to the plaintiff, Charles D. Baker, to secure a debt. A new mortgage was given in September, 1888, by Dibbs to…
1Opinion of the CourtMitchell, J.
Action of claim and delivery to recover possession of a colt. Plaintiff claims possession under three several chat*73tel mortgages executed by one Dibbs in October, 1886, November, 1886, and September, 1888, respectively. The dam of the colt in question formerly belonged to one Mortimer Taylor, the real defendant in the action, (as whose agent the defendant claims possession,) and was by him sold to Dibbs in April, 1886, two or three weeks before the colt was foaled. The claim of the defendant is that when Mortimer Taylor sold the mare to Dibbs he reserved the unborn colt, which was agreed…
2Cases cited5 opinions
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- Hosford v. RoweSupreme Court of Minnesota · 1889
- Greene v. DockendorfSupreme Court of Minnesota · 1868
- Warder, Bushnell & Glessner Co. v. RubleeSupreme Court of Minnesota · 1889
- State v. McGuireSupreme Court of Minnesota · 1889
3Cited by15 opinions
- Halvorsen v. Moon & Kerr Lumber Co.Supreme Court of Minnesota · 1902
- Norris v. Boston Music Co.Supreme Court of Minnesota · 1915
- De Vries v. Sig Ellingson & Co.District Court, D. Minnesota · 1951
- Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
- Kiewel v. TannerSupreme Court of Minnesota · 1908
10 more not listed; retrieve them via the Exa API.