Feller v. Alden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha County. Replevin. The defendant, as sheriff, levied upon the goods in dispute (being certain domestic animals and grain), under an execution, as the property of the plaintiff’s husband. The case will appear from the opinion. The court rejected evidence offered by the defendant to show that the husband carried on the farm, and with his wife and minor children did all the work on it, and at his expense produced the grain levied on.
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APPEAL from the Circuit Court for Waulcesha County. Replevin. The defendant, as sheriff, levied upon the goods in dispute (being certain domestic animals and grain), under an execution, as the property of the plaintiff’s husband. The case will appear from the opinion. The court rejected evidence offered by the defendant to show that the husband carried on the farm, and with his wife and minor children did all the work on it, and at his expense produced the grain levied on. The defendant asked the following instructions, which were refused: “ 1. If the plaintiff has permitted the husband to…
1Opinion of the CourtCole, J.
The charge of the court on some points contained substantially propositions the opposite of those embraced in the defendant’s instructions. The jury were told, that if they were satisfied beyond a reasonable doubt, from the testimony, that the farm on which the chattels in controversy were seized was purchased and paid for by money belonging to the plaintiff, and the deed taken in her name, then the property belonged to her as her separate estate, and that, neither her husband nor his creditors were entitled to the same, nor to any portion thereof; that the plaintiff was entitled to all the…
2Cases cited3 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Sherman v. . ElderNew York Court of Appeals · 1862
- Hooben v. BidwellOhio Supreme Court · 1847
3Cited by13 opinions
- Dayton v. WalshWisconsin Supreme Court · 1879
- Seay v. HesseSupreme Court of Missouri · 1894
- Cooper v. HamIndiana Supreme Court · 1875
- Mayers v. KaiserWisconsin Supreme Court · 1893
- Martin v. MartinWisconsin Supreme Court · 1918
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