Miller v. McCarty
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Big Stone county to recover possession of two horses, two cows, and 250 bushels of wheat, of the alleged value of $325, mortgaged to him by the defendant. In his answer the defendant alleged title in himself to the horses and cows, and that they were exempt, and asked judgment for their return and damages.
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Plaintiff brought this action in the district court for Big Stone county to recover possession of two horses, two cows, and 250 bushels of wheat, of the alleged value of $325, mortgaged to him by the defendant. In his answer the defendant alleged title in himself to the horses and cows, and that they were exempt, and asked judgment for their return and damages. At the trial, before G. L. Brown, J., the facts appearing which are stated in the opinion, a verdict was directed for plaintiff. The defendant appeals from an order refusing •a new trial.
1Opinion of the CourtMitchell, J.
The defendant bought of plaintiff a quantity of ■seed-wheat, and, as security for the purchase price, executed a “seed-.grain” note, and also a chattel mortgage on two cows and two horses. Subsequently defendant, having discovered that a mistake had been made in the description of the land upon which the grain was to be sown, executed another seed-grain note, antedated as of the date of the first one, and of the same tenor, except that it described correctly the land upon which the grain was sown. During the intervening time, and after the grain was sown, one Clark attached the ■crops as the…
2Cases cited12 opinions
- McArthur v. MartinSupreme Court of Minnesota · 1876
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- Horton v. KellySupreme Court of Minnesota · 1889
- White v. PolleysWisconsin Supreme Court · 1866
- Plain v. RothIllinois Supreme Court · 1883
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3Cited by13 opinions
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