Tunell v. Larson
Supreme Court of Minnesota
Action to recover possession of personal property, brought in the-district court for Freeborn county against the defendant Larson, sheriff of the county, with whom the other defendants, judgment creditors-of one Frederick Tunell, were impleaded.
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Action to recover possession of personal property, brought in the-district court for Freeborn county against the defendant Larson, sheriff of the county, with whom the other defendants, judgment creditors-of one Frederick Tunell, were impleaded. The defence was that the property belonged to Frederick and had been taken on .execution on judgments against him, and the principal issue was whether a transfer of the property by Frederick to plaintiff was made in fraud of creditors. At the trial before Farmer, J., the plaintiff had a verdict; a new trial was refused, and the defendants appealed.
1Opinion of the Court
Collins, ¿T.
An appeal in this case from the result of a former trial was disposed of at the April term, 1887, and may be found reported in 87 Minn. 258, (34 N. W. Rep. 29.) We are now confronted by a long list of assignments of error, 26 in number, many of which need no notice whatever. The form of action is claim and delivery under the statute. The property involved certain cattle purchased by plaintiff of his father, Frederick Tunell, ah insolvent debtor of several of the defendants. The defendant sheriff seized the cattle upon an execution issued against the property of the father,…
2Cases cited1 opinion
- Snell v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1902
3Cited by6 opinions
- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
- Howard v. DwightSouth Dakota Supreme Court · 1896
- Avery Manufacturing Co. v. EmswellerIndiana Court of Appeals · 1903
- Lathrop v. ClaytonSupreme Court of Minnesota · 1890
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1901
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