Hopkins v. Langton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action of trespass for the recovery of the value of a stock of goods seized by defendant, Langton, as sheriff, under certain writs of attachment, the defendant, Van Dyhe, being plaintiff in one of the attachment suits.
Read the full summary
APPEAL from the Circuit Court for Fond du Lac County. Action of trespass for the recovery of the value of a stock of goods seized by defendant, Langton, as sheriff, under certain writs of attachment, the defendant, Van Dyhe, being plaintiff in one of the attachment suits. Defendants in their answers justified under the writs of attachment, and alleged that at the time the goods were attached they were the property of the Red River Lumber Company, defendants in attachment, and that plaintiffs claimed them by virtue of a pretended sale from the Red River Company, which was fraudulent and void.…
1Opinion of the CourtDixoN, C. J.
The court erred in excluding the depositions of the witnesses Bradford and Erwin, offered by the defendants. In cases of this nature, beside the relation of debtor and creditor, two facts are to be shown in order to establish the defense, first, fraud on the part of the vendor of the property in making the sale, and, second, knowledge of such fraud on the part of the vendee or purchaser at the time of purchasing, or knowledge of such other facts and circumstances by the vendee as ought to have put him upon inquiry and would have led to an ascertainment of the truth, or as will afford…
2Cited by13 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Hinson v. Ely Walker & Co.Texas Supreme Court · 1885
- Kyle v. WardSupreme Court of Alabama · 1886
- Rindskopf v. MyersWisconsin Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.