Cotton v. Reed
Wisconsin Supreme Court
ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of trover for the alleged wrongful conversion of the vessel called the “ Nucleus ” The plea was the general issue, with notice of special matter. The defendant below took and sold the vessel by virtue of diverse executions against Alanson Sweet, under whom the plaintiff below claimed title to the vessel.
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ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of trover for the alleged wrongful conversion of the vessel called the “ Nucleus ” The plea was the general issue, with notice of special matter. The defendant below took and sold the vessel by virtue of diverse executions against Alanson Sweet, under whom the plaintiff below claimed title to the vessel. Several questions arose upon the trial of the cause below upon the ruling of the court, in regard to which exceptions were taken. The plaintiff below obtained judgment, to reverse which the cause is brought to this court upon writ of error.…
1Opinion of the Court
By the Gouri,
Whiton, C. J.
This was an action of trover, brought for the conversion of a vessel called the Nucleus. To show his title to the vessel, the plaintiff below (Reed) offered in evidence a bill of sale of her, (which did not appear to have been recorded and certified as provided by the act of Congress, passed on the 29th day of July, 1850,) and proved by a witness (Lane) that he took possession of the vessel. The defendant below (Cotton) objected to the introduction of the bill of sale in evidence, for the reason that it was not certified and recorded, as provided by the act of…
2Cases cited2 opinions
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