Mowry v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Replevin for 100,000 feet of logs, held by defendant, as sheriff, by virtue of an attachment levied thereon September 28, 1865, at the suit of one Haskin, as the property of one Elbridge Smith.
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APPEAL from the Circuit Court for Winnebago County. Replevin for 100,000 feet of logs, held by defendant, as sheriff, by virtue of an attachment levied thereon September 28, 1865, at the suit of one Haskin, as the property of one Elbridge Smith. Plaintiff put in evidence: 1. A contract between himself and said Smith, October 22, 1863,'by which the latter agreed to cut and delivea.’ to the former during 1864 and 1865, in the village of Menasha, 420,000 feet of pine logs, to be cut in S. 5, T. 26, R. 15, &c.; and plaintiff agreed to advance certain amounts thereon before delivery, and pay the…
1Opinion of the CourtDixon, C. J.
It was not necessary that the affidavit prescribed by sec. 5, ch. 45, R. S., should have been annexed to the mortgage, or copy on file in the office of the clerk of the city of Oshkosh. Chapter 213, Laws of 1860, does not require this. It was enough that the proper affidavit was made, annexed and filed in the office of the town clerk of the town of Menasha, where the mortgagor resided.
The mortgage is valid as to the logs cut before its execution and delivery, but not as to those cut afterwards. Single v. Phelps, 20 Wis., 398.
Nor did the mortgagee acquire any interest in the logs cut…
2Cases cited2 opinions
- Young v. MilesWisconsin Supreme Court · 1866
- Single v. PhelpsWisconsin Supreme Court · 1866
3Cited by11 opinions
- Lamson v. MoffatWisconsin Supreme Court · 1884
- Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
- Brown v. NeilsonNebraska Supreme Court · 1901
- Lanyon v. WoodwardWisconsin Supreme Court · 1882
- Arpin v. BurchWisconsin Supreme Court · 1887
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