Hunt v. Meeker County Abstract & Loan Co.
Supreme Court of Minnesota
Respondent moved for an order restraining the enforcement of the execution issued upon the judgment for costs, and for an order setting aside the levy made under such execution on the ground that the statutes provide that the costs in partition actions shall be apportioned and adjusted by the court and paid out of the proceeds of the sale of the property involved; that the costs of the action have never been apportioned by the court; and that appellant is not entitled to…
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Respondent moved for an order restraining the enforcement of the execution issued upon the judgment for costs, and for an order setting aside the levy made under such execution on the ground that the statutes provide that the costs in partition actions shall be apportioned and adjusted by the court and paid out of the proceeds of the sale of the property involved; that the costs of the action have never been apportioned by the court; and that appellant is not entitled to enforce an execution for the costs of the action against the individual property of respondent.
1Per curiam
This action was brought to compel the partition of certain real estate. Defendant denied plaintiff’s right to enforce such partition and the trial court sustained defendant’s contention and dismissed the action. Plaintiff appealed and this court reversed the trial court. Hunt v. Meeker County Abstract & Loan Co. supra, page 207, 150 N. W. 798. Plaintiff taxed his costs in this court and caused judgment to be entered therefor, and thereafter caused an execution to be issued upon the judgment and a levy to be made thereunder.
Defendant now moves to vacate such levy and to enjoin further…
2Cases cited2 opinions
- Hunt v. Meeker County Abstract & Loan Co.Supreme Court of Minnesota · 1915
- Hanson v. IngwaldsonSupreme Court of Minnesota · 1901
3Cited by2 opinions
- Hunt v. Meeker County Abstract & Loan Co.Supreme Court of Minnesota · 1916
- Grimm v. GrimmSupreme Court of Minnesota · 1934