Winslow v. Urquhart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Replevin, for saw-logs. The decision of this court upon a former appeal herein will be found in 39 Wis., 260. The present appeal was taken by the plaintiffs from a judgment for the defendant.
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APPEAL from the Circuit Court for Oconto County. Replevin, for saw-logs. The decision of this court upon a former appeal herein will be found in 39 Wis., 260. The present appeal was taken by the plaintiffs from a judgment for the defendant. The questions presented by the record are thus stated by Mr. Justice Tayloe, in liis opinion as originally prepared: “ On the previous appeal, it was decided that the defendant had obtained a valid title to the logs in controversy, by purchase at an execution sale, upon a valid judgment rendered in favor of one Brooks, in an action commenced by him against…
1Opinion of the CourtTaylor, J.
It is urged by the appellants that, as theii property was sold to satisfy a judgment rendered in ail action to which they were not parties, and in which they did not appear, for a debt which they did not contract, and for the payment of which they were not personally liable, they ought to be permitted to recover the same from the judgment creditor or his assigns, by paying the amount of the judgment, with costs; that if the law created a lien against their property, and permitted the party claiming such lien to enforce the same without notice to the owners, by judgment and execution, it…
2Cases cited1 opinion
- Paine v. GillWisconsin Supreme Court · 1861