Campbell v. Dick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. October 30, 1889, the plaintiffs, constituting the firm of Campbell Bros. & Cameron, commenced this action of re-plevin against the defendants, constituting the firm of Dick & Berkley, to recover the possession of one span of bay horses, weighing about 2,800 pounds, six sets of logging sleds, and three yokes of heavy oxen, of the value in the aggregate of $650, alleged to have been wrongfully detained by the defendants from…
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APPEAL from the Circuit Court for Waupaca County. October 30, 1889, the plaintiffs, constituting the firm of Campbell Bros. & Cameron, commenced this action of re-plevin against the defendants, constituting the firm of Dick & Berkley, to recover the possession of one span of bay horses, weighing about 2,800 pounds, six sets of logging sleds, and three yokes of heavy oxen, of the value in the aggregate of $650, alleged to have been wrongfully detained by the defendants from the plaintiffs to their damage in a sum stated; and, to sustain such claim, relied principally upon a chattel mortgage…
1Opinion of the CourtCassoday, J.
The court found that the mortgage given to the defendants by Jackson, the additions thereto, and the renewal thereof, were each and all made in good faith and to secure a bona fide indebtedness, and prior to the execution of the mortgage to the plaintiffs. There is plenty of evidence to support such findings. This being so, it is manifest that the defendants have a right to all the property actually covered by their mortgage which is superior to any claim of the plaintiffs under their mortgage. One of the questions, therefore, presented is whether the mortgage of the defendants covered the…
2Cases cited4 opinions
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Hamilton v. FrothinghamMichigan Supreme Court · 1888
- Hecock v. Van DusenMichigan Supreme Court · 1890
- Bond v. CarrollWisconsin Supreme Court · 1888