Beckwith v. Philleo
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Replevin for lumber, commenced in the Wood circuit court, aQ(j remove¿ for ^al to circuit court for Columbia coun-The bond referred to in the opinion of the court, was a penal bond, the condition of which, after reciting that Beclmith had agreed to sell and convey certain lands to one Palfrey, for which Palfrey was to pay in lumber at the saw mill on the premises, part at the execution of the bond, and the residue in equal…
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APPEAL from the Circuit Court for Columbia County. Replevin for lumber, commenced in the Wood circuit court, aQ(j remove¿ for ^al to circuit court for Columbia coun-The bond referred to in the opinion of the court, was a penal bond, the condition of which, after reciting that Beclmith had agreed to sell and convey certain lands to one Palfrey, for which Palfrey was to pay in lumber at the saw mill on the premises, part at the execution of the bond, and the residue in equal annual instalments, and also to pay the taxes on the property, stated that the said Palfrey should “ have the possession…
1Opinion of the Court
By the Court,
Cole, J.
We cannot understand upon what principle the judgment in this case can be sustained. The action is replevin, to recover a certain quantity of pine lumber alleged to be wrongfully detained by the appellants, and of course cannot be maintained unless at the commencement of the suit the respondent had the general or special property in the lumber, and the right of possession.
It appears from the case that the appellants were in possession of a saw mill and timber lands, upon which pine logs were cut, out of which the lumber in controversy was manufactured, under and by virtue…
2Cases cited5 opinions
- Mooers v. WaitNew York Supreme Court · 1829
- Morgan v. VarickNew York Supreme Court · 1832
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Suffern v. TownsendNew York Supreme Court · 1812
- Elliott v. PowellSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Baker v. CordwellSupreme Court of Colorado · 1882
- Morgan v. EastIndiana Supreme Court · 1890
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