Mississippi River Logging Co. v. Miller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geoege W. Buekell, Circuit Judge. This is an action in trover to recover the value of a large •quantity of lumber. The plaintiff is an Iowa corporation, and the defendants are a partnership doing business at Chicago, Illinois.
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Appeal from a judgment of the circuit court for Winnebago county: Geoege W. Buekell, Circuit Judge. This is an action in trover to recover the value of a large •quantity of lumber. The plaintiff is an Iowa corporation, and the defendants are a partnership doing business at Chicago, Illinois. The complaint alleges, in substance, that on the 22d of November, 1895, the plaintiff owned a number' •of sections of timber land (describing the same) in Lincoln county, Wisconsin; that on that day it entered into an agreement with the Illinois & Wisconsin Lumber Company, an Illinois corporation doing a…
1Opinion of the CourtWiNslow, J.
The timber contract before us was a contract for the sale of an interest in land.- Its terms are substantially identical with the terms of the contract involved in the case of Bent v. Hoxie, 90 Wis. 625. Whether the interest in the timber which was secured to the plaintiff be technically a reservation or an exception is a question of little moment. The contract secured to the plaintiff a paramount title to the timber until the purchase price was paid, which could be enforced by replevin as against the opposite party. These propositions are not open to doubt since the decision of this court in…
2Cases cited13 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- Lillie v. DunbarWisconsin Supreme Court · 1885
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