Carlson v. Smith
Supreme Court of Minnesota
Action in the district court of Hubbard county to determine adverse claims to certain real estate. The answer set up the judgment and execution sale mentioned at the beginning of the opinion and prayed that defendant be adjudged to be the owner of the property.
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Action in the district court of Hubbard county to determine adverse claims to certain real estate. The answer set up the judgment and execution sale mentioned at the beginning of the opinion and prayed that defendant be adjudged to be the owner of the property. The reply set up the payment of $1,000 by Schmidt to Mackey in full satisfaction of the judgment and thereafter the issue of an alias execution while the original execution was still unreturned and outstanding, and alleged that the execution sale in question was made upon such wrongful alias execution and was void. The case was tried…
1Opinion of the CourtHallam, J.
Plaintiff Carlson and J. P. Schmidt were co-sureties on a bond to one Mackey. On August 5, 1911, Mackey procured a joint judgment against them for $1,184.17, and procured an execution and caused levy to be made upon the property of Schmidt. After some negotiations, Mackey agreed to accept $1,000 in settlement of his judgment. On February 29, 1912, J. P. Schmidt procured this amount and paid it over, and an assignment of the judgment was taken in the name of his son, the defendant Peter Smith, Jr. There is evidence that J. P. Schmidt directed that this assignment be made to defendant in…
2Cases cited8 opinions
- Ankeny v. MoffettSupreme Court of Minnesota · 1887
- Ivy v. YanceySupreme Court of Missouri · 1895
- Felton v. BisselSupreme Court of Minnesota · 1878
- Swanson v. Realization & Debenture Corp.Supreme Court of Minnesota · 1897
- Johnson v. HuntingtonSupreme Court of Connecticut · 1838
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3Cited by3 opinions
- Barnes v. VerrySupreme Court of Minnesota · 1923
- Fidelity and Deposit Co. of Maryland v. RiopelleSupreme Court of Minnesota · 1974
- Farmers State Bank of Lake Mills v. HammondSupreme Court of Minnesota · 1927