Shinners v. Brill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outgamie County. The original complaint, served January 21, 1875, alleged,among other things, that on November 30, 1874, the defendant Nolan, being indebted- to the plaintiff, executed to him a note for $200, payable six months from date, and a chattel mortgage securing it; that nothing had been .paid on the debt; that the value of the mortgaged property was $400, but at forced sale it would not realize more than $300, which was not more…
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APPEAL from the Circuit Court for Outgamie County. The original complaint, served January 21, 1875, alleged,among other things, that on November 30, 1874, the defendant Nolan, being indebted- to the plaintiff, executed to him a note for $200, payable six months from date, and a chattel mortgage securing it; that nothing had been .paid on the debt; that the value of the mortgaged property was $400, but at forced sale it would not realize more than $300, which was not more than enough to satisfy plaintiff’s demand, with costs; that on January 15, 1875, the defendant A. L. Smith commenced suits…
1Opinion of the CourtRyan, C. J.
It appears by the chattel mortgage, under which the respondent claims, that the mortgagor was entitled to possession of the goods mortgaged until default, and had not made default when this suit was brought. The respondent’s title to the goods was therefore then conditional, without right of possession. Saxton v. Williams, 15 Wis., 292; Smith v. Coolbaugh, 21 id., 427; Fraker v. Reeve, 36 id., 85. Accordingly, when the mortgaged goods were seized by the sheriff as the goods of the mortgagor, the respondent did not bring a possessory action; but proceeded, we need not inquire whether ill or…
2Cases cited1 opinion
- Saxton v. WilliamsWisconsin Supreme Court · 1862
3Cited by3 opinions
- Camp v. PollockNebraska Supreme Court · 1895
- Turner Manufacturing Co. v. GmeinderWisconsin Supreme Court · 1924
- Pape v. Town of CarltonWisconsin Supreme Court · 1906