Tillman v. Jackson
Supreme Court of Minnesota
on behalf of the Appellant, insisted upon the following points: First, This was a final order, affecting a substantial right, made on a summary application of the judgment, and is therefore appealable. Vide Rev. Sbat. Qliatp. 81, S. 11, Sub. 3. Second, The relief sought by this proceeding, if at all attainable, must be sought in a Court of Equity. The Court will" not foreclose the rights of strangers to the record, summarily upon motion.
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on behalf of the Appellant, insisted upon the following points: First, This was a final order, affecting a substantial right, made on a summary application of the judgment, and is therefore appealable. Vide Rev. Sbat. Qliatp. 81, S. 11, Sub. 3. Second, The relief sought by this proceeding, if at all attainable, must be sought in a Court of Equity. The Court will" not foreclose the rights of strangers to the record, summarily upon motion. Lansing et dl. vs. Quackenbush, 5 Oow. 38.. Vanderbung vs. Briggs, 7 ib. 367. Third, Sec. 3, Chap. 71, is simply directory to the Sheriff, and its provisions…
1Opinion of the Court
By the Oount
Sherburne J.
This is an appeal from an order made in the District Comt,' setting aside a sale or an execution issued from said Court, vacating the Sheriff’s return thereon, and directing the issuing of an alias execution. The. order was granted on motion of the creditors in execution, wherein they alleged that two lots of land had been sold in-one body by the Sheriff, whereas the Statute required that “ when the sale is of real property and consisting of several, known lots or parcels, they must be sold separately,” and that for such reason the sale was void.
The first question…
2Cases cited6 opinions
- Groff v. JonesNew York Supreme Court · 1831
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
- Woods v. MonellNew York Court of Chancery · 1815
- Morton v. EdwinSupreme Court of Vermont · 1846
- Neilson v. NeilsonNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. KrakerSupreme Court of Minnesota · 1892
- Pritchard v. MadrenSupreme Court of Kansas · 1883
- Kafka v. O'MalleySupreme Court of Minnesota · 1946
- Casteel v. AranasDistrict Court, D. Nevada · 2022
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.