Bugbee v. Lombard
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Douglas County. This action was brought against Lombard, sheriff of Polk county, and the Twohy Mercantile Compmiy, for the taking and converting of personal property, the plaintiff claiming title thereto by bill of sale from one Wells.
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APPEAL from tbe Circuit Court for Douglas County. This action was brought against Lombard, sheriff of Polk county, and the Twohy Mercantile Compmiy, for the taking and converting of personal property, the plaintiff claiming title thereto by bill of sale from one Wells. The defendants justified under an execution alleged to have been issued out of the circuit court for Washburn county, to the sheriff of Polk county, upon a judgment in that court in favor of the defendant the Tioohy Mercantile Company, against said Wells, under which it was sold; and the defendants claimed that the transfer…
1Opinion of the CourtPiNney, J.
The action having been brought by the plaintiff claiming title to the property in question under a transfer from the defendant in the judgment and alleged execution, and as the transfer to him was sought to be impeached as having been made in fraud of creditors, it became necessary for the officer, Lombard, as well as the creditor, the Twohy Mercantile Company, to show that they acted under a valid judgment and execution. An execution fair on its face is not, in such case, of itself sufficient to protect the officer. Bogert v. Phelps, 14 Wis. 88. The failure to show that the judgment against…
2Cases cited5 opinions
- United States v. RossSupreme Court of the United States · 1876
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Befay v. WheelerWisconsin Supreme Court · 1893
- Smith v. BuckWisconsin Supreme Court · 1868
3Cited by3 opinions
- Wilson v. CraiteWisconsin Supreme Court · 1973
- McDonald v. FullerSouth Dakota Supreme Court · 1898
- Andrews v. SmithsonMontana Supreme Court · 1943