Wallace v. Palmer
Supreme Court of Minnesota
This action was brought in a justice’s court in Otter Tail county, to recover for the alleged conversion of certain wheat, and was removed by appeal on questions of law and fact to the district court for the same county, and there tried by Baxter, J., a jury having been waived.
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This action was brought in a justice’s court in Otter Tail county, to recover for the alleged conversion of certain wheat, and was removed by appeal on questions of law and fact to the district court for the same county, and there tried by Baxter, J., a jury having been waived. The court found as facts, that on April 27, 1885, one Page, then the owner of the wheat, executed to the plaintiff a chattel mortgage on the same, which was duly filed on April 28, 1885. On March 17, 1885, Page made and delivered to the defendant his certain. seed-grain note, in which note it was stated among other…
1Opinion of the CourtVanderburgh, J.
Defendant claims that the seed-grain note described in the answer gives him a prior lien over the chattel mortgage under which plaintiff claims the wheat in controversy. But the trial court was clearly right in adjudging that such note could only be interpreted to be what it purported, viz., a seed-grain note, and that the validity of the lien thereof must depend upon compliance with the statutory conditions. Though duly filed as required by Gen. St. 1878, c. 39, § 22, it did not entitle the defendant to claim .any other than the specific lien therein provided upon grain raised from seed…
2Cases cited1 opinion
- Kelly v. SeelySupreme Court of Minnesota · 1880
3Cited by2 opinions
- Endreson v. LarsonSupreme Court of Minnesota · 1907
- Smith v. RobertsSupreme Court of Minnesota · 1890