Gorham v. Summers
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county to recover possession of a steam-engine and other property. Both parties derived title under one James C. Gardner, the plaintiff as assignee of a chattel mortgage made by Gardner to one Lewis Edds; the defendant, by subsequent purchase from Gardner. At the trial, before Young, J., a jury being waived, the facts relating to the filing of the mortgage appeared to be as stated in the opinion.
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This action was brought in the district court for Hennepin county to recover possession of a steam-engine and other property. Both parties derived title under one James C. Gardner, the plaintiff as assignee of a chattel mortgage made by Gardner to one Lewis Edds; the defendant, by subsequent purchase from Gardner. At the trial, before Young, J., a jury being waived, the facts relating to the filing of the mortgage appeared to be as stated in the opinion. It further appeared that at the time of the purchase by defendant, the property was in Gardner’s possession, who assured him there was no…
1Opinion of the CourtBerry, J.
In this action of claim and delivery, the plaintiff seeks to recover possession of certain personal property, as assignee of an overdue chattel mortgage. Defendant’s first point upon this appeal is that there is no evidence to identify the engine claimed in the complaint with that described in the mortgage. No engine is claimed in the complaint, except that which is described in the mortgage. The answer admits that a certain engine in defendant’s possession is “the same sought to be recovered in this action, and not other or different, ” and the defendant himself testifies that, as evidence…
2Cited by18 opinions
- Gallagher v. LinwoodNew Mexico Supreme Court · 1924
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Hilts v. HiltsOregon Supreme Court · 1903
- Medland v. LintonNebraska Supreme Court · 1900
- State v. Chicago & Eastern Illinois RailroadIndiana Supreme Court · 1896
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