Ashton v. Slater
Supreme Court of Minnesota
Appeal from an order of the district court for Ramsey county, sustaining demurrers to the complaint. The complaint alleges that on the 5th November, 1861, two judgments were recovered and docketed in said court in favor of plaintiff and against Isaiah.
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Appeal from an order of the district court for Ramsey county, sustaining demurrers to the complaint. The complaint alleges that on the 5th November, 1861, two judgments were recovered and docketed in said court in favor of plaintiff and against Isaiah. B. Heylin ; that said judgments remain unpaid and in full force; that at the time of docketing said judgments, said Heylin was the owner in fee of certain lands in Ramsey county, described in the complaint, upon which lands said judgments then became and still continue to be liens; that said Heylin continued to be seized in fee of said lands…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The plaintiff never sued out execution upon his judgments. He contends, however, that, as the Stat. of 1862, ch. 27, was repealed before its limitation took effect against him, this case may be considered as falling within the principle of Davidson vs. Gaston, 16 Minn 230, and that his judgments survive, notwithstanding the provisions of Gen. Stat., ch. 66, § 254, and are liens on the real estate. Whether or not this is so, it is not necessary now to consider, and we express no opinion.
Assuming the correctness of the plaintiff’s position, he is still not entitled to…
2Cases cited7 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- United States v. MorrisonSupreme Court of the United States · 1830
- Burwell v. TullisSupreme Court of Minnesota · 1867
- Hutchins v. County CommissionersSupreme Court of Minnesota · 1870
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3Cited by8 opinions
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- Lamberton v. GrantSupreme Judicial Court of Maine · 1901
- Lisle v. CheneySupreme Court of Kansas · 1887
- State ex rel. Leonard v. SearleSupreme Court of Minnesota · 1900
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