Frisbee v. Langworthy
Wisconsin Supreme Court
ARPEAR FROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action in replevin, under the code, by the plaintiff against the defendant, who was the sheriff of Milwaukee county. The complaint was in the usual form, averring title to the possession of the property taken, a piano taken from Horace Belden. The answer was a general denial, of “ each and all the material allegations of the complaint.”
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ARPEAR FROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action in replevin, under the code, by the plaintiff against the defendant, who was the sheriff of Milwaukee county. The complaint was in the usual form, averring title to the possession of the property taken, a piano taken from Horace Belden. The answer was a general denial, of “ each and all the material allegations of the complaint.” On the trial the plaintiff proved the taking of the property on an execution issued by a justice of the peace, in favor of Wells & Dixon against the goods, &c., of Belden; and the value of the property…
1Opinion of the Court
By the Court,
DixoN, C. J.
The cases of Cotton vs. Marsh, 3 Wis., 221, and Cotton vs. Watkins, 6 id., 629, must be regarded as having settled the law of this state to be that where an officer by virtue of an execution or attachment against the goods of a mortgagor of personal property levies upon or sells the entire property mortgaged, instead of the interest of the mortgagor, thereby assuming to control and dispose of it regardless of the prior rights of the mortgagee, such levy and sale are illegal acts for which the writ furnishes no justification, and for which the mortgagee may maintain an…
2Cases cited4 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Cotton v. MarshWisconsin Supreme Court · 1854
3Cited by21 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Welch v. SackettWisconsin Supreme Court · 1860
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Newman v. TymesonWisconsin Supreme Court · 1860
- Bailey v. GodfreyIllinois Supreme Court · 1870
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