Davis v. Seymour

• Decision Date: 01 January 1871
• Citation: Davis v. Seymour, 16 Minn. 184 (Minn. 1871)
• Parties: GEORGE DAVIS, Sheriff, etc. v. GEORGE M. SEYMOUR.
• Court: Minnesota Supreme Court

Page 184

16 Minn. 184

GEORGE DAVIS, Sheriff, etc.

v. GEORGE M. SEYMOUR.

Supreme Court of Minnesota.

Appeal by plaintiff from a judgment of the district court, Washington county.

The controversy was submitted to the district court, without action, under the statute. The facts were, in brief, these: On February 7, 1867, one Carli paid to this defendant, then sheriff of Washington county, $577.69 for redemption of certain lands of said Carli which had been sold on execution. Carli was entitled to make such redemption, and one Ellen Downie was entitled to receive the money so paid. Defendant tendered the money to her, but she refused to receive it, on the ground that, as she claimed, Carli had no right to redeem. On August 3, 1868, an execution against said Downie was issued and delivered for service to the plaintiff, who at that time was sheriff of the county, and he levied it on the said money in the hands of defendant.

Judgment below was for the defendant.

Wm. M. McCluer, for appellant.

L. R. Cornman, for respondent.

McMILLAN, J.

The statement in the case "that at the time of the payment of the money by Carli to Seymour, Carli was entitled to redeem, and Ellen Downie to receive the redemption," must be taken in connection with the further statement that she refused to receive it, on the ground that Carli had not the right to redeem, and must be construed to mean that at the time of the payment Carli's right to redeem the premises had not been adjudicated, and was subject to be disputed, and was disputed by Ellen Downie, from whom the property was to be redeemed, and that the tender was refused by her on that ground, in good faith.

The defendant, Seymour, in receiving the money paid by Carli for the redemption of the land, acted in his official capacity as the officer of the law, with whom a party redeeming may deposit the money, instead of paying it to the party entitled to it, but he was not the agent of Ellen Downie in doing so....