Stern v. Riches
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. Action to recover possession of personal property. Plaintiff, being the owner of a stock of merchandise and store fixtures located in a grocery store kept by her, mortgaged the same to Gertie Stern and the mortgage was duly filed. The mortgage contained the usual provision empowering the mortgagee to take possession of the property if at any time she deemed herself insecure.
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Appeal from a judgment of the superior court of Douglas county: Chaeles Smith, Judge. Action to recover possession of personal property. Plaintiff, being the owner of a stock of merchandise and store fixtures located in a grocery store kept by her, mortgaged the same to Gertie Stern and the mortgage was duly filed. The mortgage contained the usual provision empowering the mortgagee to take possession of the property if at any time she deemed herself insecure. While the mortgage was in force defendant, as constable, pursuant to a writ of attachment duly issued and placed in his hands as…
1Opinion of the CourtMaRshall, J.
This case is ruled by two very familiar principles, viz.: In an action of replevin the plaintiff’s right to recover must be tested by the facts existing at the time of the commencement of the action. The defendant may defeat the plaintiff’s claim by proving right of possession of *591the property in dispute at the time of the commencement of the action in a third person and connecting himself with such third person. Conceding that appellant should hare delivered the property in question to respondent as exempt from attachment, it stands without dispute that this action was not commenced till the…
2Cases cited1 opinion
- Timp v. DockhamWisconsin Supreme Court · 1873
3Cited by4 opinions
- Dresser v. LemmaWisconsin Supreme Court · 1904
- Ellis v. Barron CountyWisconsin Supreme Court · 1904
- Irey v. GormanWisconsin Supreme Court · 1902
- General Motors Acceptance Corp. v. StockWisconsin Supreme Court · 1928