Northrup v. Trask
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for the value of a house alleged to have been converted by defendant. It appeared in evidence that the plaintiff sold a lot to one Lee on credit, giving him an ordinary land contract, Lee covenanting to erect a house of a given value upon the lot within a specified time.
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APPEAL from the Circuit Court for Winnebago County. Action for the value of a house alleged to have been converted by defendant. It appeared in evidence that the plaintiff sold a lot to one Lee on credit, giving him an ordinary land contract, Lee covenanting to erect a house of a given value upon the lot within a specified time. Lee built the house, but failed to make his payments as agreed, and afterwards, before the commencement of this action, moved the house to defendant’s lot. Defendant had furnished Lee lumber for the house, for which he had not been paid, and told Lee, before the…
1Opinion of the Court
ByaN, O. J.
It does not positively appear in this case whether the house, which is the subject of this action, was attached to the soil either on the lot on which it was built or on the lot to which it was removed. The presumption is that it was so attached in both instances, so as to form part of the realty. ’ In transitu between the two lots, it was personalty, the subject of conversion. Huebschmann v. McHenry, 29 Wis., 655.
That case, it is true, holds the building there to have remained personal property on the lot to which it had been removed. But that is on the sole ground that the…
2Cases cited4 opinions
- Button v. SchroyerWisconsin Supreme Court · 1856
- Huebschmann v. McHenryWisconsin Supreme Court · 1872
- Fairbank v. CudworthWisconsin Supreme Court · 1873
- Seatoff v. AndersonWisconsin Supreme Court · 1871
3Cited by18 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Krakow v. WilleWisconsin Supreme Court · 1905
- State ex rel. Trimble v. Superior CourtWashington Supreme Court · 1903
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