Cotton v. Marsh
Wisconsin Supreme Court
This was an action of trover, commenced by the defendants in error against the plaintiffs in error, for the conversion of certain goods specified in the plain-declaration. The issue joined "between the parties came on to be tried by a jury at the September Term, 18oB.
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This was an action of trover, commenced by the defendants in error against the plaintiffs in error, for the conversion of certain goods specified in the plain-declaration. The issue joined "between the parties came on to be tried by a jury at the September Term, 18oB. On the trial, the plaintiffs produced ^ q> Q-a^es ag a witness, who testified that he was town clerk of the town of Grafton, "Washington county, and was elected the spring preceding; and that he found on file a chattel mortgage from himself to the plaintiffs, which he produced. Jacob T. Adriance was town clerk at the time of the…
1Opinion of the Court
By {he Court,
Crawford, J.
The first question to be disposed of in this case is, whether the chattel mortgage given by the witness Gates, to the defendants in error, was sufficient in the law to vest in them any interest in the mortgaged goods, which could .enable them to maintain the present action.
On the 9th day of January, 1852, Gates being indebted to Marsh and Frear, in order to secure the payment, of that indebtedness, executed a mortgage of certain goods, wares and merchandize then in his (Gates’) possession, in favor of the said Marsh and Frear, and their agent, a Mr. Croes, having…
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