Bleiler v. Moore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen County. Beplevin for a quantity of personal property, consisting of cheese, live stock, grain, and hay. The plaintiff made the necessai’y affidavit and undertaking, and obtained immediate delivery. Plaintiff was the father of one William J. Bleiler, and claimed title to the property by conveyance thereof from his said son.
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APPEAL from the Circuit Court for Oreen County. Beplevin for a quantity of personal property, consisting of cheese, live stock, grain, and hay. The plaintiff made the necessai’y affidavit and undertaking, and obtained immediate delivery. Plaintiff was the father of one William J. Bleiler, and claimed title to the property by conveyance thereof from his said son. The defendants were the sheriff and undersheriff, respectively, of Green county, and had seized and held the property upon executions against said William J. Bleiler; and, by answer, they justified such seizure under such executions,…
1Opinion of the CourtWinslow, J.
Relationship of the parties to a transaction is not considered in the law as a badge of fraud, and the instruction to that effect was clearly erroneous. Bump, Fraud. Conv. (3d ed.), 56, and cases cited. Relationship is simply a circumstance proper to be shown, and which, when shown, calls for closer scrutiny and clearer explanation of the transaction. The exception taken to this instruction seems to us entirely sufficient. It is true it is taken to the whole sentence, but the sentence is entire, the latter part depending upon, and manifestly intended to be considered in direct connection…
2Cases cited2 opinions
- Booth v. AblemanWisconsin Supreme Court · 1865
- Farwell v. WareenWisconsin Supreme Court · 1890
3Cited by10 opinions
- McAnaw v. MatthisSupreme Court of Missouri · 1895
- Loosemore v. BakerCalifornia Supreme Court · 1917
- Fife v. City of OshkoshWisconsin Supreme Court · 1895
- Missinskie v. McMurdoWisconsin Supreme Court · 1900
- Coos Bay Railroad v. SiglinOregon Supreme Court · 1898
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