O'Donnell v. Burroughs
Supreme Court of Minnesota
Appeal by plaintiff, William O’Donnell, from a judgment of the District Court of Sibley County, Francis Cadtvell, J., entered August 8, 1893. On February 25, 1889, Brown and Flinn owned a lot in the village of Oreen Isle on which was a store building in which they sold merchandise and bought country produce. In the street just outside the sidewalk in front of the building they had placed platform scales for weighing hay, grain and other bulky articles.
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Appeal by plaintiff, William O’Donnell, from a judgment of the District Court of Sibley County, Francis Cadtvell, J., entered August 8, 1893. On February 25, 1889, Brown and Flinn owned a lot in the village of Oreen Isle on which was a store building in which they sold merchandise and bought country produce. In the street just outside the sidewalk in front of the building they had placed platform scales for weighing hay, grain and other bulky articles. They obtained consent of the village council and had excavated a pit three feet deep and put in a foundation twelve feet long by eight feet…
1Opinion of the CourtGilfillan, C. J.
Whether the platform scales are to be regarded as part of the realty or as personal property, it is impossible to-*94sustain the decision of the court below that the title to them is in the defendant. If real estate, the title passed under the mortgage to Welch and the foreclosure thereof, and plaintiff has that title. The mortgage was prior to the conveyance (by the mortgagors) to McLaughlin, under which alone the latter could claim title to the scales. If they were personal property they did not pass to him by the conveyance of the real estate, and he could not transfer them to his assignee,…
2Cases cited1 opinion
- Union Central Life Insurance v. TaggartSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Thomson v. SmithSupreme Court of Iowa · 1900
- Union Central Life Insurance v. TaggartSupreme Court of Minnesota · 1893
- Young v. ChandlerSupreme Judicial Court of Maine · 1906
- McCoun v. DrewsSupreme Court of Iowa · 1936