Legal Opinion

Bigelow v. Doolittle

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 12 opinions

APPEAL from the Circuit Court for Eau Claire County. Replevin. The property was seized by tbe defendant, as sheriff of Dunn county, by virtue of an attachment against the goods and chattels of one Leroy Bigelow.

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APPEAL from the Circuit Court for Eau Claire County. Replevin. The property was seized by tbe defendant, as sheriff of Dunn county, by virtue of an attachment against the goods and chattels of one Leroy Bigelow. The plaintiff claims a part of the property by purchase from the attachment debtor, made nearly a year before it was so seized ; and the residue of 'the property, being grain, he claims to have raised on land the equitable title to which he purchased of said Leroy at the same 'time. The defendant gave the required security, and the property was returned to him. The plaintiff recovered…

1Opinion of the CourtLyon, J.

1. No exceptions were taken to the charge which the court gave the jury in respect to the issue of alleged fraud in the sale of a portion of the property in controversy by *119Leroy Bigelow to tbe plaintiff. Indeed, tbe law on that sub-juct was very clearly and correctly stated to tbe' jury by tbe learned circuit judge. There is but a single exception relating to this branch of tbe case, and that was taken to tbe refusal of the court to give an instruction proposed on behalf of the defendant, as follows: “ The conveyance of the whole property of a debtor affords a very violent presumption of a…

2Cases cited1 opinion

  1. Kavanaugh v. City of JanesvilleWisconsin Supreme Court · 1869

3Cited by12 opinions

  1. Hart v. MoultonWisconsin Supreme Court · 1899
  2. Bourda v. JonesWisconsin Supreme Court · 1901
  3. Hunt v. ThompsonWyoming Supreme Court · 1912
  4. Rindskopf v. MyersWisconsin Supreme Court · 1894
  5. Houck v. ChristyCourt of Appeals for the Eighth Circuit · 1907

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