Minor v. Sheehan
Supreme Court of Minnesota
Action in the district court for Freeborn county, to recover damages for the alleged conversion, by defendants, of mortgaged property. The property in question was wheat, and was levied upon by defendant Sheehan, as sheriff of Freeborn county, as the property of one Austin. Plaintiff claimed title under a chattel mortgage from Austin. A jury was waived and the action tried before Farmer, J., who found the facts as recited in the opinion, and ordered judgment for plaintiff.
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Action in the district court for Freeborn county, to recover damages for the alleged conversion, by defendants, of mortgaged property. The property in question was wheat, and was levied upon by defendant Sheehan, as sheriff of Freeborn county, as the property of one Austin. Plaintiff claimed title under a chattel mortgage from Austin. A jury was waived and the action tried before Farmer, J., who found the facts as recited in the opinion, and ordered judgment for plaintiff. Defendants appeal from an order refusing a new trial.
1Opinion of the CourtBerry, J.
1. The chattel mortgage involved in this action describes the mortgaged property as “ 125 acres of wheat, more or less, growing on the south half” of a specified governmental section of land. We take this description to be, in substance, the same as “the wheat (be the same more or less) growing on the south half,” etc. This clearly and distinctly identifies the subject of the mortgage, and it is therefore sufficiently definite.
2. It was orally agreed by plaintiff and one Austin that the former would work with his team for the latter on his farm for 10 months, beginning March 16, 1881, at $30…
2Cases cited5 opinions
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Goodheart v. JohnsonIllinois Supreme Court · 1878
- Speer v. SkinnerIllinois Supreme Court · 1864
- Preble v. CongerIllinois Supreme Court · 1872
- Chadbourn v. RahillySupreme Court of Minnesota · 1881
3Cited by11 opinions
- Kenneally v. Standard Electronics Corp.Court of Appeals for the Eighth Circuit · 1966
- Berry v. O'ConnorSupreme Court of Minnesota · 1884
- Nazro v. WareSupreme Court of Minnesota · 1888
- Corn Belt Trust & Savings Bank of Belle Plaine v. MaySupreme Court of Iowa · 1924
- Bush v. BushSupreme Court of Kansas · 1885
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