Ullman v. Duncan
Wisconsin Supreme Court
. APPEAL from the Circuit Court for Ashland County. This is an action brought to recover three horses, of the value of $300, alleged to be unlawfully detained by defendant from the plaintiff. The facts were stipulated substantially as follows: On May 18,1887, the firm of Gorton & Dodge, then being the owners of the horses in controversy, executed a chattel mortgage on them to the plaintiff. The mortgage was duly filed in the proper office on the 23d of the same month.
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. APPEAL from the Circuit Court for Ashland County. This is an action brought to recover three horses, of the value of $300, alleged to be unlawfully detained by defendant from the plaintiff. The facts were stipulated substantially as follows: On May 18,1887, the firm of Gorton & Dodge, then being the owners of the horses in controversy, executed a chattel mortgage on them to the plaintiff. The mortgage was duly filed in the proper office on the 23d of the same month. Subsequently, Dodge sold his interest in the horses to his partner, Gorton, and received from Gorton a chattel mortgage on…
1Opinion of the CourtLyoN, J.
Tbe mortgage executed by Gorton to Dodge covered only the equity of redemption in tbe horses. Tbe legal title thereto Avas in plaintiff by virtue of bis mortgage, and continued in him, as against bis mortgagor, Gor-ton, and tbe defendant as administrator of tbe estate of Dodge, although no affidavit for a renewal of tbe plaintiff’s mortgage Aims filed. Defendant took possession of tbe horses as administrator of Dodge, after tbe time for renewing tbe mortgage bad expired. We cannot understand bow tbe defendant obtained any better right to tbe property *216than Dodge would have obtained had he…
2Cases cited2 opinions
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- Manson v. Phœnix InsuranceWisconsin Supreme Court · 1885
3Cited by16 opinions
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- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Graham v. PerryWisconsin Supreme Court · 1929
- Nixv v. WiswellWisconsin Supreme Court · 1893
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