Wilson v. Powers
Supreme Court of Minnesota
Action by mortgagee to recover damages for the conversion of certain wheat. Defence that the wheat was taken and sold by defendant, by virtue of two executions against plaintiff’s mortgagor, issued and levied prior to the mortgage. At the trial in the district court for Wabasha county, Van Dyke, J., instructed the jury that the acts of the defendant, detailed in the opinion, constituted a valid and continuing levy, to which instruction the plaintiff excepted.
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Action by mortgagee to recover damages for the conversion of certain wheat. Defence that the wheat was taken and sold by defendant, by virtue of two executions against plaintiff’s mortgagor, issued and levied prior to the mortgage. At the trial in the district court for Wabasha county, Van Dyke, J., instructed the jury that the acts of the defendant, detailed in the opinion, constituted a valid and continuing levy, to which instruction the plaintiff excepted. The defendant had a verdict, a new trial was refused, and plaintiff appealed.'
1Opinion of the CourtBerry, J.
On November 30, 1872, the defendant, as a constable, received two justice’s executions against George Phillips, and on December 3, following, drove from Lake City to West Albany, where Phillips lived, — about two hours’ drive, — for the purpose of collecting the executions, which he took with him. He went to Phillips’ granary, opened the door, and seeing a quantity of wheat there, took some of it and put it in his pocket. There was no lock on the door, but he fastened it in the same way in which he found it fastened. He then drove to Phillips’ house, produced the executions, informing…
2Cases cited2 opinions
- Nichols v. PattenSupreme Judicial Court of Maine · 1841
- Gower v. StevensSupreme Judicial Court of Maine · 1841
3Cited by1 opinion
- Wallerbeck v. HaavenSupreme Court of Minnesota · 1933