Legal Opinion

Riess v. Delles

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 5 opinions

APPEAL from the Circuit Court for Ozmolcee County. Eeplevin, commenced July 14-, 1876. The complaint alleges, in substance, that plaintiff was the owner and lawfully possessed of the personal property ¿escribed, of the value, etc., which defendant, on the 12th of July, 1876, wrongfully took from his possession, and unjustly detained, to his damage, etc.

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APPEAL from the Circuit Court for Ozmolcee County. Eeplevin, commenced July 14-, 1876. The complaint alleges, in substance, that plaintiff was the owner and lawfully possessed of the personal property ¿escribed, of the value, etc., which defendant, on the 12th of July, 1876, wrongfully took from his possession, and unjustly detained, to his damage, etc. Defendant answered, denying all the allegations of the complaint, and, as sheriff, justified the talcing by virtue of an execution issued upon a judgment against one Christopher Krans, in favor of James "W. Tail and ¥m. H. Landolt. The circuit…

1Opinion of the CourtCole, J.

There is no bill of exceptions in this case, and the only question to be considered is, whether the judgment was warranted by the facts found by the circuit court. It is objected that the court did not find, as stated in the judgment, that the plaintiff was the absolute owner — or owner “in fee” — of the property, but did find that he held it merely to secure himself and others against a liability which he had incurred for the general owner, Krans, and for no other purpose. The presumption from the finding is, that the whole legal title, with the possession, was vested in the plaintiff…

2Cases cited2 opinions

  1. Hass v. PrescottWisconsin Supreme Court · 1875
  2. High v. JohnsonWisconsin Supreme Court · 1871

3Cited by5 opinions

  1. Barnard v. CohenWisconsin Supreme Court · 1917
  2. Barclay Brass & Aluminum Foundry, Inc. v. ResnickWisconsin Supreme Court · 1967
  3. Associates Discount Corp. v. Mohs Realty, Inc.Wisconsin Supreme Court · 1966
  4. Fugina v. BrownlieWisconsin Supreme Court · 1886
  5. Rohrer v. LockeryWisconsin Supreme Court · 1908

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