Stahl v. Lynn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. The action is replevin for 100 cords of cedar timber alleged to have been cut upon plaintiff’s land by the defendant Lynn, and to be in the possession of the other defendants under a sale thereof by Lywn, to some of them. The defendants gave the required undertaking, and obtained possession of the timber from the sheriff. The complaint is in the usual form of complaints in such actions.
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APPEAL from the Circuit Court for Douglas County. The action is replevin for 100 cords of cedar timber alleged to have been cut upon plaintiff’s land by the defendant Lynn, and to be in the possession of the other defendants under a sale thereof by Lywn, to some of them. The defendants gave the required undertaking, and obtained possession of the timber from the sheriff. The complaint is in the usual form of complaints in such actions. The defendant Lynn answered a general denial. ITe also interposed an affidavit to the effect that, if taken at all, the timber was taken by mistake, and…
1Opinion of the CourtLyoN, C. J.
This cause was here on a former appeal from a judgment for defendants, and such judgment was-reversed for error and a new trial awarded. 81 Wis. 668. Another trial has been had with- the same result. Both judgments went upon the ground that plaintiff was not the owner of the land when the trespass was committedthat is to say, the trial court applied the doctrine of relation, and held that the conveyance to Peltier, although it was not delivered and no consideration was paid therefor until May 5, 1890, took effect when delivered as a conveyance executed March 26th preceding, that being the…
2Cases cited2 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Stahl v. LynnWisconsin Supreme Court · 1892
3Cited by6 opinions
- Hollingsworth v. HicksNew Mexico Supreme Court · 1953
- Krakow v. WilleWisconsin Supreme Court · 1905
- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- Knapp v. Alexander-Edgar, Lumber Co.Wisconsin Supreme Court · 1911
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