Pike v. Vaughn
Wisconsin Supreme Court
APPEAL from tie Circuit Court for Bayfield County. The complaint alleged that plaintiff was the owner of and possessed as his own property a large number of pine saw logs lying near the mouth of Onion river, and amounting to about one million feet, and that the defendants, on the 9th of August, 1874, wrongfully took and carried away about two hundred thousand feet of said logs and converted them to their own use. Answer, a general denial.
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APPEAL from tie Circuit Court for Bayfield County. The complaint alleged that plaintiff was the owner of and possessed as his own property a large number of pine saw logs lying near the mouth of Onion river, and amounting to about one million feet, and that the defendants, on the 9th of August, 1874, wrongfully took and carried away about two hundred thousand feet of said logs and converted them to their own use. Answer, a general denial. No bill of exceptions was made, and the case came up upon the findings of the court, ■which are fully stated in the opinion. The plaintiff had judgment for…
1Opinion of the CourtCons, J.
Tbe questions in tbis case arise entirely upon tbe finding of tbe court below, there being no bill of exceptions. Upon tbe facts found, it seems impossible to bold tbat there was such a delivery and acceptance of tbe logs in controversy ■as would pass tbe title or ownership to tbe plaintiff. In order to sustain tbe action it must appear tbat there was a perfect and complete sale, so. tbat tbe right of property in tbe logs and tbe risk of loss were transferred to tbe purchaser. It is hardly necessary to remark that an actual or constructive delivery was essential to a complete sale. Tbe court…
2Cases cited3 opinions
- Law v. GrantWisconsin Supreme Court · 1875
- Morrow v. ReedWisconsin Supreme Court · 1872
- Bates v. ChesebroWisconsin Supreme Court · 1873
3Cited by13 opinions
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Morgan v. KingWest Virginia Supreme Court · 1886
- Wanee v. ThomasCalifornia Court of Appeal · 1925
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
- Somers v. McLaughlinWisconsin Supreme Court · 1883
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