44 Minn. 401 | Minn. | 1890
This action was brought to have the property anal effects of the defendant corporation sequestrated, and a receiver of th&-same appointed, pursuant to Gen. St; 1878, c. 76, § 9. The materiali allegations of the complaint are that the plaintiff bad obtained im Hennepin county a judgment against the corporation for ■$1,239.68*. which was adjudged a specific lien upon certain real estate in that, county, which the sheriff was directed to sell for the satisfaction of: the judgment; that pursuant to such judgment the sheriff sold the.* premikes, realizing therefrom the sum of $5; that this sale was duly-confirmed by the court, by whom it was further ordered that judgment be entered in favor of the plaintiff and against the defendants for the deficiency, -which was thereafter done, and the judgment. docketed in both Hennepin and Bamsey counties, in which latter-county was the defendant’s principal place of business; that thereafter executions on this judgment were issued and delivered to the - respective sheriffs of these counties, both of which had been by them*, returned wholly unsatisfied. The corporation, in its answer, admits.; all these allegations, but attempts to set up by way of defence: First
It would hardly be seriously contended but that the facts alleged in the complaint made at least a prima facie case entitling the plaintiff, under the statute, to have a receiver appointed. All these facts ■having been admitted by the defendant, the plaintiff was therefore entitled, on the pleadings, to the order, unless the answer stated a ■ defence. The first branch of the attempted defence, and which is the one principally discussed in the briefs, is clearly without merit. 'The adequacy of the price received by the sheriff on the sale of the ^property under the judgment or decree of the court cannot be questioned collaterally in this way. If the defendant had any ground of complaint as to the acts of the sheriff in making the sale, it had a remedy by objecting to its confirmation, or by application directly to rthe court on motion to vacate and set aside the sale.
The second branch of the proposed defence (which is very meagrely «discussed by counsel) presents the question whether, upon the facts ¡stated, the return of the execution unsatisfied was conclusive as to the ¡right of the judgment creditor to have a receiver of the corporate prop<erty and effects appointed, or whether, in opposition to the application, the corporation could show that it in fact had and has property subject