Kirch v. Davies
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. Keplevin, for certain trade fixtures removed by the defendant from a building used as a manufactory of wagons and fanning mills. The defendant was theretofore the owner of the lots on which said building stood, but had conveyed the same to the plaintiff by deed duly executed by himself and his wife. The principal questions determined by this court arise upon that deed.
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APPEAL from the Circuit Court for Jackson County. Keplevin, for certain trade fixtures removed by the defendant from a building used as a manufactory of wagons and fanning mills. The defendant was theretofore the owner of the lots on which said building stood, but had conveyed the same to the plaintiff by deed duly executed by himself and his wife. The principal questions determined by this court arise upon that deed. It is necessary* therefore, to quote a considerable portion of it. Commencing with the description of the property conveyed, the deed is as follows: •“ All of lots Eos. three…
1Opinion of the CourtLrosr, J.
It appears by the evidence that the defendant removed the property, which, under the direction of the court, the jury found he wrongfully took possession of, from the building conveyed by him to the plaintiff, and had loaded a considerable portion of it on a railway car, for transportation, when the writ of replevin was served. Although the property had been theretofore fixtures and part of the realty, by the act of the defendant it became personalty subject to seizure under a writ of replevin. If any of such property belonged to the plaintiff, we find nothing in his deed from the defendant…
2Cases cited6 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Brown v. EverhardWisconsin Supreme Court · 1881
- Kelly v. BlissWisconsin Supreme Court · 1882
- Breed v. KetchumWisconsin Supreme Court · 1881
- Hayward v. OrmsbeeWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Holum v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1891
- Plankinton v. GormanWisconsin Supreme Court · 1896
- Sullivan v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1918
- Parroski v. GoldbergWisconsin Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.