Dayton v. Corser
Supreme Court of Minnesota
Appeal by plaintiff, Lyman C. Dayton, from a judgment of the District Court of Ramsey county, Kerr, J., entered April 8, 1892. Appeal also by the defendants Elwood S. Corser and Lester B. Elwood from the same judgment. On September 20, 1890, Elwood S. Corser and Lester B. Elwood obtained judgment by confession in the District Court of Ramsey county against May I. Dayton, for $42,134.45 upon her promissory notes to them, which judgment was duly docketed.
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Appeal by plaintiff, Lyman C. Dayton, from a judgment of the District Court of Ramsey county, Kerr, J., entered April 8, 1892. Appeal also by the defendants Elwood S. Corser and Lester B. Elwood from the same judgment. On September 20, 1890, Elwood S. Corser and Lester B. Elwood obtained judgment by confession in the District Court of Ramsey county against May I. Dayton, for $42,134.45 upon her promissory notes to them, which judgment was duly docketed. A writ of execution was issued on this judgment December 11, 1890, and delivered to the sheriff for service. Under it he, on January 26,…
1Opinion of the CourtCollins, J.
These were cross appeals from the same judgment. The facts were that, under and by virtue of an execution duly issued upon a judgment obtained by these defendants against one May I. Dayton, certain real property was levied upon and sold in January, 1891. These defendants became the purchasers at such execution sale, and there was no redemption. At the time of the rendition of the judgment the debtor was the wife of this plaintiff, and so remained until her death in June, 1891.
'In the case at bar, which was brought to have set aside and vacated both the judgment and the sale for reasons which…
2Cases cited10 opinions
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