Rice v. Kahn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This case, and the facts tvhich the testimony introduced on the trial tended to prove, are sufficiently stated in the brief of counsel for the plaintiff, as follows: “This is an action of trover, brought by the plaintiff against the defendants, to recover the value of certain property seized by the defendants under certain chattel mortgages.
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APPEAL from the Circuit Court for Outagamie County. This case, and the facts tvhich the testimony introduced on the trial tended to prove, are sufficiently stated in the brief of counsel for the plaintiff, as follows: “This is an action of trover, brought by the plaintiff against the defendants, to recover the value of certain property seized by the defendants under certain chattel mortgages. The facts in the case are briefly these: One Henry Flint executed three chattel mortgages, as follows: One dated February 18, 1882, to the defendant Henry TIammel, to secure the payment of $100, which…
1Opinion of the Court
Lyosí, J.
On the question whether the plaintiff can maintain this action of trover to recover the mortgaged property, in case he tendered sufficient to pay the mortgage debts which were valid as against him, or whether he is driven to his suit in equity to redeem, we have no difficulty or doubt. If the property in the hands of the plaintiff was only subject to the two mortgages recorded in Seymour; if the amount tendered bjr Mitchell in behalf of the plaintiff at the time the property was about to be taken under the mortgages, was sufficient to pay the debts secured thereby; and if such tender…
2Cases cited1 opinion
- Harder v. HospWisconsin Supreme Court · 1887
3Cited by9 opinions
- Aultman Co. v. McDonoughWisconsin Supreme Court · 1901
- Pedersen v. FisherWashington Supreme Court · 1926
- Ferris v. ChambersSupreme Court of Colorado · 1911
- Vallancey v. HuntNorth Dakota Supreme Court · 1910
- Johnson v. SimmonsMissouri Court of Appeals · 1895
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