Barker v. Kelderhouse
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF WINONA COUNTY. Points and Authorities for Appellant. I. — Kelderhouse never had such an interest in the property in question as to bring it within the provisions of subdivision 10 of seo. 100 of the Public Statutes, ¶. 669. The mortgage did not create any lien upon it within the meaning of the statute, but only continued what Barker already had. II. — To give the statute the effect claimed would be to make it a party to fraud.
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APPEAL FROM THE DISTRICT COURT OF WINONA COUNTY. Points and Authorities for Appellant. I. — Kelderhouse never had such an interest in the property in question as to bring it within the provisions of subdivision 10 of seo. 100 of the Public Statutes, ¶. 669. The mortgage did not create any lien upon it within the meaning of the statute, but only continued what Barker already had. II. — To give the statute the effect claimed would be to make it a party to fraud. Such is not the spirit of the statute. Grimes vs. Bryne, 2 Minn., 103; 3 Minn., 121; 3 Oow., 89; 15 John., 21; 21 Wend., 21. III. —…
1Opinion of the Court
By the Court.
Atwater, J.
This was an action brought by the Appellant, Barker, to recover certain personal property of the Defendant, Kelderhouse.' The complaint alleges that Plaintiff sold to Defendant, all the household furniture in the Waverly House in Winona, on the 27th day of April, 1861. That on the same day Defendant executed a chattel mortgage to Plaintiff, on said property, to secure the payment of two promissory notes for $200 each. That default had been made in the payment of one of said notes ; that Plaintiff had demanded possession of the property, which was refused, and claiming…
2Cases cited2 opinions
- Grimes v. BryneSupreme Court of Minnesota · 1858
- Banning v. EdesSupreme Court of Minnesota · 1861
3Cited by9 opinions
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Boggs v. O. S. Kelly Manufacturing Co.Supreme Court of Kansas · 1907
- Solomon v. VinsonSupreme Court of Minnesota · 1883
- Manston v. McIntoshSupreme Court of Minnesota · 1894
- West v. BergSupreme Court of Minnesota · 1896
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