Legal Opinion

Johannesson v. Borschenius

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 4 opinions

APPEAL from the Circuit Court for Dane County. Action for the alleged conversion by defendant of a receipt given by the state treasurer and secretary of state, at a sale of forfeited school lands, entitling defendant to certificates for the land upon return of the receipt to the office of the secretary of state, and also for the alleged conversion of the school land certificates.

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APPEAL from the Circuit Court for Dane County. Action for the alleged conversion by defendant of a receipt given by the state treasurer and secretary of state, at a sale of forfeited school lands, entitling defendant to certificates for the land upon return of the receipt to the office of the secretary of state, and also for the alleged conversion of the school land certificates. The complaint contained two counts, one for the conversion of the receipt, the other for the conversion of the certificates. It appeared in evidence that Borsclienius attended the sale of forfeited school lands, and…

1Opinion of the CourtDixon, C. J.

The judge instructed the jury that the only cause of action for the conversion of property, proved or which the evidence tended to prove, was for the taking and detention of the receipt. He charged that the school land certificates, mentioned in the second count of the complaint, were, at the time of the alleged conversion of them by the defendant, the property of the defendant by legal title, and consequently that whatever right the plaintiff might have had in equity to compel a transfer of them, if any, yet the defendant could not be found to have converted them as against the plaintiff. We…

2Cases cited4 opinions

  1. Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
  2. Roebke v. AndrewsWisconsin Supreme Court · 1870
  3. State Bank v. DuttonWisconsin Supreme Court · 1860
  4. Conklin v. ParsonsWisconsin Supreme Court · 1849

3Cited by4 opinions

  1. Beggs v. Chicago, Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1890
  2. Hanson v. JohnsonWisconsin Supreme Court · 1910
  3. Re-Trac Corp. v. J. W. Speaker Corp.District Court, E.D. Wisconsin · 1962
  4. Dr. Harter Medicine Co. v. HopkinsWisconsin Supreme Court · 1892

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