Holmes v. Campbell
Supreme Court of Minnesota
The complaint in this action alleges the assignment of a judgment against one Henry H. Williams, to the plaintiff, Harriet R. Holmes, and the defendant, to be by said assignees held and owned jointly, with authority to them or either of them to collect the same to their own use; that defendant caused execution to issue on said judgment, under which certain real estate of the judgment debtor was levied upon and sold; that defendant bid off such real estate at the sale, and…
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The complaint in this action alleges the assignment of a judgment against one Henry H. Williams, to the plaintiff, Harriet R. Holmes, and the defendant, to be by said assignees held and owned jointly, with authority to them or either of them to collect the same to their own use; that defendant caused execution to issue on said judgment, under which certain real estate of the judgment debtor was levied upon and sold; that defendant bid off such real estate at the sale, and the sheriff holding the execution returned the same satisfied to the amount of the purchase money; that the time of…
1Opinion of the Court
By the Court —
McMillan, J.
— The parties to this action were owners as tenants in common of the judgment mentioned in the complaint. By the terms of the assignment to them either of the assignees were expressly authorized to collect the judgment to *406their joint use. This authority extends to whatever may necessarily or reasonably be done to effect the collection, and within these limits whatever may be done by either is done as the trustee or agent of the other to the extent of his interest. The ordinary mode of collection is by execution upon the judgment, and in the absence of personal…
2Cited by1 opinion
- Holmes v. CampbellSupreme Court of Minnesota · 1868