Wright v. Pratt
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waukesha County. Action against a sheriff and bis deputy to recover tbe value of plaintiff’s borse, buggy and harness, alleged to have been unlawfully taken by defendants from tbe possession of one Winton, and unlawfully detained by them. Plaintiff claims that tbe property was exempt from execution, of which claim be had duly notified defendants before it was sold by them.
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APPEAL from tbe Circuit Court for Waukesha County. Action against a sheriff and bis deputy to recover tbe value of plaintiff’s borse, buggy and harness, alleged to have been unlawfully taken by defendants from tbe possession of one Winton, and unlawfully detained by them. Plaintiff claims that tbe property was exempt from execution, of which claim be had duly notified defendants before it was sold by them. Defendants justify the taking by virtue of an execution against the plaintiff in favor of one McCoy, and allege that at the time of tbe levy tbe property belonged to tbe firm of McCoy &…
1Opinion of the CourtCole, J.
We are of tbe opinion that tbe circuit court erred in refusing to permit tbe defendants to sbow that tbe plaintiff owned only a one-third interest in tbe property claimed to have been wrongfully sold and converted by tbe sheriff. It appears the sheriff sold the property on an execution in favor of McCoy, who also owned a one-third interest.
Now, assuming for tbe moment that tbe plaintiff was entitled to bold bis interest in tbe horse, buggy and harness as being exempt, upon what principle is be permitted to recover in this action tbe entire value, or anything more than bis actual interest? The…
2Cases cited3 opinions
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- West v. WardWisconsin Supreme Court · 1870
- Newton v. HoweWisconsin Supreme Court · 1872
3Cited by12 opinions
- In re CampDistrict Court, N.D. Georgia · 1899
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
- O'Gorman v. FinkWisconsin Supreme Court · 1883
- In re HandlinU.S. Circuit Court for the District of Eastern Arkansas · 1875
- Sterman v. HannSupreme Court of Iowa · 1913
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