Bank of Willmar v. Lawler
Supreme Court of Minnesota
Action in the district court for Kandiyohi county to recover possession of personal property or the sum of $2,000, the value thereof, and $200 damages for its detention. Thomas Lawler intervened, and in his complaint alleged ownership of an undivided one-half of the property. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of the intervenor; and from an order whereby the court of its own motion granted a new trial, the intervenor appealed.
1Opinion of the Court
CANTY, J.1
The defendant executed a chattel mortgage to plaintiff. There being a default in the conditions of the mortgage, plaintiff brought an action of replevin to recover possession of the mortgaged property, consisting of horses, cattle, sheep, wagons, and farm machinery. The answer of defendant is a general denial. At the commencement of the term of court at which the case was set for trial, Thomas Lawler, the son of defendant, intervened in the action, and in his complaint in intervention alleges that he is, and at the commencement of the action was, the owner of an undivided one-half…
2Cases cited2 opinions
- Lowry v. HarrisSupreme Court of Minnesota · 1867
- Allen v. WheelerSupreme Court of Iowa · 1880
3Cited by20 opinions
- Freeman v. Chicago Transit AuthorityIllinois Supreme Court · 1965
- De Vall v. De VallOregon Supreme Court · 1911
- Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Todd v. OrrSupreme Court of Oklahoma · 1914
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