213 N.W. 549 | Minn. | 1927
The facts, as admitted by defendants on the last half of page 3 and the first half of page 4 of their brief, appear to warrant a recovery under Weaver v. Mississippi R.R. Boom Co.
It is urged that the trust deed, received in evidence over the objection of defendants, gave plaintiff, the grantee, no right to *100 possession, but merely authorized him to sell, convey, and receive the purchase price for certain beneficiaries. However, it is plain that after the grantors placed plaintiff in possession of the premises conveyed, and until a sale thereof could be made, he was the one to lease the same and receive the rent and, in case of a tortious taking possession by others, he should be the one to recover for the use and occupation thereof by trespassers.
In January, 1924, an involuntary petition in bankruptcy was filed against the tenants and a referee appointed. An objection to defendants' offer to prove that the referee directed the sheriff to keep the goods attached in plaintiff's building was sustained and an exception preserved. Obviously the ruling was right. The defendant sheriff retained the use of the premises up to April 1, 1924, up to which date only the recovery was had. That the sheriff continued the trespass at the bidding of the referee does not absolve him from liability to plaintiff.
The previous demurrer to the complaint and the order overruling the same were eliminated from the record, so far as any review upon appeal is concerned, by the subsequent answer interposed.
The order is affirmed. *101