Legal Opinion

Ingram v. Rankin

Wisconsin Supreme Court

Decided August 15, 1879PublishedCited by 28 opinions

APPEAL from the Circuit Court for Jefferson County. Action to recover the value of a quantity of hay, wheat and oats, which the plaintiff claims to own, and which, he alleges, was wrongfully taken from his possession by the defendants and converted to their use. Defendants took the hay and grain by virtue of an execution upon a judgment in their favor against one Hammond, the owner in fee of the land upon which the same was raised and found.

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APPEAL from the Circuit Court for Jefferson County. Action to recover the value of a quantity of hay, wheat and oats, which the plaintiff claims to own, and which, he alleges, was wrongfully taken from his possession by the defendants and converted to their use. Defendants took the hay and grain by virtue of an execution upon a judgment in their favor against one Hammond, the owner in fee of the land upon which the same was raised and found. Plaintiff had a lease of the land from Hammond for six months from its date, March 6, 1875; and the chattels were seized during that term. Defendants…

1Opinion of the CourtTaylob, J.

The appellants assign as errors, that the circuit judge erroneously instructed the jury as to the measure of damages the plaintiff was entitled to recover, and erred in instructing the jury, in substance, that the written lease under which the plaintiff asserted his right to the possession of the land upon which the grain and hay in controversy were raised, was valid and not impeachable for fraud.

It is insisted by the learned counsel for the respondent, that the leasing of real estate by a judgment debtor could not be in fraud of his creditor, as it in no way interferes with the judgment…

2Cases cited21 opinions

  1. Baker v. . DrakeNew York Court of Appeals · 1873
  2. Page v. FowlerCalifornia Supreme Court · 1870
  3. Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
  4. Stewart v. City of RiponWisconsin Supreme Court · 1875
  5. Hungerford v. RedfordWisconsin Supreme Court · 1872

16 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
  2. Combs v. ScottWisconsin Supreme Court · 1890
  3. G., C. & S. F. R'y Co. v. HollidayTexas Supreme Court · 1886
  4. Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
  5. Kellogg v. MalickWisconsin Supreme Court · 1905

23 more not listed; retrieve them via the Exa API.

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