Dresser v. Lemma
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Polk county: A. J. Viwje, Circuit Judge, It appeared 'that in the season of 1900 the defendant entered into an arrangement with one S. W. Blanding, whereby the latter was to obtain a stock of oak lumber at Clam Palls by purchase, of timber and logs and having the same-sawed, Blanding doing the work and the defendant furnishing the money; the latter to market the lumber, collect the-proceeds, deduct costs, and divide the surplus…
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Appeal from a judgment of tbe circuit court for Polk county: A. J. Viwje, Circuit Judge, It appeared 'that in the season of 1900 the defendant entered into an arrangement with one S. W. Blanding, whereby the latter was to obtain a stock of oak lumber at Clam Palls by purchase, of timber and logs and having the same-sawed, Blanding doing the work and the defendant furnishing the money; the latter to market the lumber, collect the-proceeds, deduct costs, and divide the surplus equally between them; title to lumber to be in defendant. Blanding was engaged generally in lumbering, and did procure,…
1Opinion of the CourtDodoe, J.
The first assignment of error is upon direction of verdict for plaintiff as to the lumber cut from the so-called “Dresser forty.” We find the evidence undisputed that Dresser had a tax deed to this land fair on its face, and that he employed S. W. Blanding to enter thereon and cut this tim-*391her, baul it, and bare it sawed for Dresser, wbicb was done. Obviously thus Dresser, through, bis representative, acquired possession under claim of ownership. This is sufficient title to sustain replevin against a mere trespasser who invades that possession. Such a plaintiff has the right to re-establish…
2Cases cited15 opinions
- Anderson v. GouldbergSupreme Court of Minnesota · 1892
- Milwaukee Masons & Builders' Ass'n v. NiezerowskiWisconsin Supreme Court · 1897
- Timp v. DockhamWisconsin Supreme Court · 1873
- Johnson v. . ElwoodNew York Court of Appeals · 1873
- Cornish v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
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3Cited by9 opinions
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- Banaszek v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1915
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