Rohrer v. Lockery
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Plaintiff having given a land contract for certain real estate for something over $2,000, of which about $200 was paid, which contract had by assignment become the property of Levi Bergstrasser, who had, however, taken no manual possession of the real estate, an arrangement was made between plaintiff and Levi Bergstrasser for the latter to procure certain pine timber on the…
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Appeal from a judgment of the circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Plaintiff having given a land contract for certain real estate for something over $2,000, of which about $200 was paid, which contract had by assignment become the property of Levi Bergstrasser, who had, however, taken no manual possession of the real estate, an arrangement was made between plaintiff and Levi Bergstrasser for the latter to procure certain pine timber on the premises to be cut and delivered to the plaintiff at a designated point and that the plaintiff should pay the expenses of…
1Opinion of the CourtDodge, J.
We need not consider the extent of the right of the vendor in a land contract who holds the legal title, though only in trust for the security of unpaid purchase money and for the equitable title of the vendee, to vindicate those rights against a mere stranger who wrongfully invades them, as by appropriating timber from the land. Bartz v. Paff, 95 Wis. 95, 69 N. W. 297; Foster v. Lowe, 131 Wis. 54, 60, 110 N. W. 829. It is very clear that when, by consent of the vendor and vendee, who together own the whole title, the timber on such land becomes severed therefrom, it may be dealt with as…
2Cases cited9 opinions
- Taylor v. ThiemanWisconsin Supreme Court · 1907
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Bartz v. PaffWisconsin Supreme Court · 1897
- Foster v. LoweWisconsin Supreme Court · 1907
- King v. GraefWisconsin Supreme Court · 1908
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