Lowe v. Wing
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. Action, commenced in justice’s court, for the wrongful taking and conversion of a span of horses. The plaintiff had a judgment and the defendant appealed therefrom to the circuit court. The facts are stated in the opinion. At the close of the testimony a motion for a nonsuit was granted, and the plaintiff appealed from a judgment dismissing the complaint.
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APPEAL from the Circuit Court for Trempealeau County. Action, commenced in justice’s court, for the wrongful taking and conversion of a span of horses. The plaintiff had a judgment and the defendant appealed therefrom to the circuit court. The facts are stated in the opinion. At the close of the testimony a motion for a nonsuit was granted, and the plaintiff appealed from a judgment dismissing the complaint. They argued, among other things, that the respondent had certain rights in the property, until they were foreclosed by the appellant taking possession of the property. He had the right of…
1Opinion of the CourtOrton, J.
It appears that the plaintiff took a mortgage of the property from one Parker on the 7th day of February, 1874, which was duty filed in the town clerk’s office on the 15th day of the same month, and that on the 6th day of August, 1875, the defendant took a mortgage from Parker of the same property. In the fall of 1876, both mortgages being due, the defendant took the property from the possession of Parker by virtue of his mortgage, and caused it to be sold at public auction without reservation or condition, *33and irrespective of tbe rights of the plaintiff, and received the full consideration…
2Cases cited15 opinions
- Meech v. . PatchinNew York Court of Appeals · 1856
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Cotton v. MarshWisconsin Supreme Court · 1854
- Dillingham v. . BoltNew York Court of Appeals · 1867
- Prank v. PlayterSupreme Court of Missouri · 1881
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3Cited by25 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
- Howard v. First National BankSupreme Court of Kansas · 1890
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
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