38 Minn. 424 | Minn. | 1888
This is an action of claim and delivery, in which defendant secured a verdict. From an order refusing a new trial the plaintiff appeals, presenting for our consideration the single question of the sufficiency of the evidence to sustain such a verdict. The answer puts in issue the allegations of the complaint as to plaintiff’s ownership, right of possession, the wrongful and unlawful taking, and demand. It alleges that in the months of May and June, 1886, judgments were duly rendered in favor of certain' plaintiffs, and against the Sperry Feeder Company, a partnership, (which judgments are fully described,) and that, by virtue of executions issued upon these judgments, the property was duly seized by defendant as the sheriff of Hennepin county, and was so held when this action was brought; and that, at the time of the said seizure, the property was that of the judgment debtors, who were then entitled to the immediate possession thereof. The brief of the appellant states that but two questions were involved in the trial: First, the ownership, and, second, the
Note. — A motion for reargument of this case was denied June 15, 1888.