Walter v. Greenwood
Supreme Court of Minnesota
In 1873, certain creditors of one Gaffney and of Louis Walter, husband of plaintiff, recovered a judgment against them. An execution having been issued and returned unsatisfied, the clerk of the court, on July 9, 1873, issued a second execution, under which a levy and sale was made of certain real property belonging to Gaffney and Walter.
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In 1873, certain creditors of one Gaffney and of Louis Walter, husband of plaintiff, recovered a judgment against them. An execution having been issued and returned unsatisfied, the clerk of the court, on July 9, 1873, issued a second execution, under which a levy and sale was made of certain real property belonging to Gaffney and Walter. After the expiration of the time in which to redeem from this sale, and on July 15, 1875, Gaffney and Walter gave defendant a lease of this property for five years. On August 9, 1875, Gaffney quitclaimed an undivided one-half of the property to defendant.…
1Opinion of the CourtBeRRY, J.
“One * * * tenant in common * * * may maintain an action against his cotenant for receiving more than his just proportion of the rents *' * * of the estate owned by them as * * * tenants in common.” Gen. St. 1878, c. 75, § 43. Under this provision of statute the plaintiff brings the present action to recover an unpaid balance of her proportion of rents received by defendant for real property, of which, at the time of the receipt, they were, as she alleges, tenants in common. Both parties claim to derive title from the common source of an execution sale. Defendant insists that the sale was…
2Cases cited5 opinions
- Hurst v. SelvidgeTennessee Supreme Court · 1847
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
- Taylor v. BaldwinNew York Supreme Court · 1850
- Barrett v. McKenzieSupreme Court of Minnesota · 1877
3Cited by6 opinions
- In re Clerk of Lyon County Courts' CompensationSupreme Court of Minnesota · 1976
- Fitzpatrick v. Simonson Bros. Manufacturing Co.Supreme Court of Minnesota · 1902
- Yetzer v. YoungSouth Dakota Supreme Court · 1892
- Clerk of Court's Comp. for LC v. LC Com'rsSupreme Court of Minnesota · 1976
- Calhoun v. Stark, GuardianCourt of Appeals of Texas · 1896
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