Farmers' Loan & Trust Co. v. Commercial Bank of Racine
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. The decision of this court upon a former trial of this cause may be found in 11 Wis. Rep., p. 207. The action was brought to recover the possession of certain “ railroad chairs, made for the purpose oFfastening down the iron rails of railroads,” or their value, with damages, &c.
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APPEAL from tbe Circuit Court for Racine County. The decision of this court upon a former trial of this cause may be found in 11 Wis. Rep., p. 207. The action was brought to recover the possession of certain “ railroad chairs, made for the purpose oFfastening down the iron rails of railroads,” or their value, with damages, &c. After the property had been replevied by the plaintiff under the statute, the defendant filed an answer containing, first, a general denial, and second, an allegation of title and right of possession in itself; and prayed judgment for the value of the property. From the…
1Opinion of the Court
By the Gourt,
PAINE, J.
In tliis case tbe appellant claims a quantity of railroad cbairs, under railroad mortgages executed by tbe Racine & Mississippi Railroad Company. Tbe case bas once been before this court, and as it appeared that tbe cbairs in question were acquired by tbe railroad company after tbe execution of tbe mortgages, we beld that the plaintiff bad no title, for tbe reason that tbe mortgages contained no language purporting to grant materials which tbe company might thereafter acquire to use in constructing tbe road, except so far as such materials were actually so used and…
2Cases cited1 opinion
- Pratt v. DonovanWisconsin Supreme Court · 1860
3Cited by15 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
- Bank of Chadron v. AndersonWyoming Supreme Court · 1897
- Kunz v. NelsonUtah Supreme Court · 1938
- Gillmann v. HenryWisconsin Supreme Court · 1881
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