Hartman v. Weiland

• Decision Date: 18 December 1886
• Citation: 30 N.W. 815,36 Minn. 223
• Parties: Andrew Hartman v. Theodore Weiland
• Court: Minnesota Supreme Court

30 N.W. 815

36 Minn. 223

Andrew Hartman v. Theodore Weiland

Supreme Court of Minnesota

December 18, 1886

Plaintiff brought this action in the district court for Scott county to recover the value of 400 bushels of wheat, alleged to be his property, and to have been taken from his possession by the defendant, sheriff of the county, under a writ of execution on a judgment in favor of Frank Nicolin and against one Anton Hartman, the plaintiff's father. The answer alleged that on August 14, 1884, Anton was indebted to Nicolin in $ 156.50 for goods sold and on overdue promissory notes, upon which debts Nicolin, on that day, brought suit against him in the district court for Scott county; that a writ of attachment was issued under which the defendant levied on the wheat in question, and that on September 11 1884, judgment was entered and docketed in the action in favor of Nicolin and against Anton; that execution was issued, and was by this defendant levied on the attached wheat, which was sold on December 23, 1884. The answer further alleges that the wheat was sown, raised and harvested on a farm belonging to Anton, and that the deed by which Anton had theretofore conveyed the farm to plaintiff's brother was made for the sole purpose of defrauding Anton's creditors, and especially Nicolin.

At the trial, before Macdonald, J., and a jury, the defendant introduced in evidence the judgment-roll in Nicolin's suit against Anton. The complaint, dated August 14, 1884 alleged that on August 28, 1880, Anton made his promissory note to Nicolin, at four months, for $ 60, with ten per cent interest, no part of which had been paid; and for a second cause of action that on the same date Anton made another promissory note at 16 months, for $ 55, with ten per cent interest, on which only $ 18 had been paid; and for a third cause of action that between May 22, 1880, and October 5, 1880, Nicolin sold and delivered to Anton goods of the value of $ 15, which had not been paid. The judgment-roll showed that the summons was personally served, and that, on September 11, 1884, Anton having failed to answer, judgment for $ 175.71 was entered and docketed against him. No other evidence of any indebtedness of Anton to Nicolin was offered. It appeared that on December 26, 1882, Anton conveyed the farm on which the wheat was raised to his son Anton M., who, on April 1, 1883, leased it to the plaintiff, and a principal question made at...