Wylie v. Grundysen

• Decision Date: 23 November 1892
• Citation: 51 Minn. 360,53 N.W. 805
• Parties: WYLIE v GRUNDYSEN.
• Court: Minnesota Supreme Court

51 Minn. 360

53 N.W. 805

WYLIEvGRUNDYSEN.

Supreme Court of Minnesota.

Nov. 23, 1892.

(Syllabus by the Court.)

1. A building which is exempt from levy and sale as an appurtenant of an exempt homestead does not lose its exempt character by the wrongful severance thereof from the realty by a trespasser; but after a severance the owner may sue for its conversion as personal property.

2. And a judgment recovered for the value thereof will be treated as a judgment for exempt personal property, within the meaning of Gen. St. c. 66, § 313, and be also exempt from sale upon execution.

3. Where a sheriff collected upon execution money due upon an exempt judgment, and applied the same upon an execution against the judgment creditor, in his hands, before a lawful levy thereon, without any notice to such creditor, or opportunity for him to make any demand, held, that no subsequent demand upon him was necessary before suit brought to recover the same.

Appeal from district court, Polk county; MILLS, Judge.

Action by William Wylie against Arny Grundysen to recover certain moneys collected for plaintiff's account, and retained by defendant. The opinion states the facts. The action was tried by the court, a jury being waived, and a judgment was directed for plaintiff. From an order denying a new trial, defendant appeals. Affirmed.

Montague & Bucklen, for appellant.

H. Stenerson, E. M. Stanton, and A. R. Holston, for respondent.

VANDERBURGH, J.

It is alleged and found that the plaintiff recovered a judgment against one Wyer for the unlawful taking, removal, and conversion of certain property described in the complaint as wheat, barley, and a certain frame building used as a granary, in which the grain mentioned was stored. It is also alleged, and so found, that the granary was situated upon plaintiff's exempt homestead, and a fixture thereon, and was accordingly exempt from levy and sale. The grain was also found to be exempt. The amount of the judgment so recovered was the sum of $468.76. An execution was issued to the sheriff defendant in this action for the collection of the judgment March 24, 1891, and on the next day the defendant in the execution paid him, in satisfaction thereof, the amount of the judgment, with interest and costs. Prior to the date last mentioned, there had been recovered judgments against the plaintiff, amounting to the sum of $267.69, with interest and costs; and executions were duly issued on such judgments to the defendant,...