Hook v. Northwest Thresher Company

• Decision Date: 11 February 1904
• Docket Number: 13,642 - (178)
• Parties: EUGENE F. HOOK v. NORTHWEST THRESHER COMPANY
• Court: Minnesota Supreme Court

98 N.W. 463

91 Minn. 482

EUGENE F. HOOK v. NORTHWEST THRESHER COMPANY

Nos. 13,642 - (178)

Supreme Court of Minnesota

February 11, 1904

Appeal by defendant from a judgment of the district court for Lyon county, entered pursuant to the findings and order of Webber J. Reversed, and remanded.

SYLLABUS

Equitable Interest -- Sale on Execution.

The vendee in an executory contract for the sale of lands has before the cancellation thereof, an equitable interest in the property, which is subject to sale on execution against him. This rule applied where the notice of forfeiture provided for under the contract had not been given.

Homestead.

Such equitable owner is entitled to his statutory homestead in the property; but where he does not designate the same, such homestead may be set apart for his benefit by the officer making the sale on execution.

Davis, Kellogg & Severance, Robert E. Olds, and N. J. Robinson, for appellant.

Korns & Johnson, for respondent.

OPINION

LOVELY, J.

This is an action to determine adverse claims to a tract of land in Lyon county. It was tried to the court, who made findings of fact and ordered judgment which was entered for the plaintiff, determining against defendant's asserted interest. Defendant appeals.

The evidence is not returned, and the question presented on this review is whether the facts found by the trial court support its conclusion of law. The findings of fact may be summarized as follows: On July 21, 1899, D. A. Stewart was the owner of three hundred twenty acres of land. He entered into a written contract with Lewis G. Larson to sell the same for $8,000, the payments to be made in installments, $800 down, and $800 on November 1 of each subsequent year, with interest at six per cent. until the entire purchase price should be discharged. Larson was to have immediate possession, and upon failure to make any of the payments when due the contract might, at the option of the grantor, be forfeited and determined upon thirty days' notice in writing. Larson took possession, built a house, barn, and made other improvements thereon. During the fall of 1899, he paid the owner $640 to apply on the contract, but made no further payments, although he continued in possession. Stewart never gave any notice of cancellation or forfeiture. On February 27, 1900, the Minnesota Thresher Manufacturing Company recovered a judgment against Larson for $1,045.83, which was duly entered and docketed on February 27, 1900. Subsequently this judgment was assigned to one Brunson, who in turn transferred it to the defendant in this action. The assignments were properly recorded in the office of the district court of Lyon county, where the judgment was rendered. On December 5, 1900, subsequent to the entry and docketing of the judgment, Larson contracted to sell his interest in the land back to Stewart, the owner in fee, and pursuant to this agreement, for a cash consideration, surrendered the contract of sale. On the same day the plaintiff, Hook, made an independent contract with Stewart to purchase the land for $10,080, which he complied with, having knowledge of the transaction whereby Larson gave back the land, but having no actual knowledge of the judgment referred to or of the docketing thereof. Larson continued in possession of the farm after his surrender of the contract to Stewart by virtue of a lease from the plaintiff. In July, 1902, defendant caused an execution to be issued against Larson upon the judgment, and in accordance therewith the sheriff of Lyon county levied upon the land, and sold the interest of Larson therein, except eighty acres thereof, which the sheriff set aside as Larson's statutory homestead.

Under the express provisions of our statutes, when a judgment has been rendered and duly docketed, it becomes a lien thereafter for ten years "on...