Legal Opinion

Kellogg v. Olson

Supreme Court of Minnesota

Decided August 10, 1885PublishedCited by 17 opinions

Replevin. Appeal by defendants from a judgment of the district court for Eenville county, where the action was tried by M. 0. Little, Esq., as referee.

1Opinion of the CourtVanderburgh, J.

Plaintiffs, who were partners, held a chattel mortgage upon a certain elevator, the ownership of which is in controversy in this action. The mortgage ran to them in their firm name, and was given to secure a partnership debt. Upon default of the mortgagors to make payment as therein provided, plaintiffs proceeded to foreclose, and bid in the mortgaged property. The foreclosure, however, was ineffectual to cut off the right of redemption by reason of irregularity in the proceedings. In the mean time, Brown & Spicer, the defendants, who are strangers to the title of the mortgagors, had…

2Cases cited8 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Gillet v. . RobertsNew York Court of Appeals · 1874
  3. Tidd v. RinesSupreme Court of Minnesota · 1879
  4. Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
  5. Sherry v. GilmoreWisconsin Supreme Court · 1883

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3Cited by17 opinions

  1. Townshend v. GoodfellowSupreme Court of Minnesota · 1889
  2. Kuykendall v. FisherWest Virginia Supreme Court · 1906
  3. Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
  4. Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
  5. Ellingboe v. BrakkenSupreme Court of Minnesota · 1886

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