Miller v. Blinebury
Wisconsin Supreme Court
ERROR to* the Circuit Court for Fond du Lac County. The action below was replevin for cattle, and was brought by Harriet and Jane Blinebury against Miller as administrator of one Cron. Defense, that Cron, as sheriff, seized the cattle as the property of one Goodrich, under a writ of attachment. Plaintiffs claimed under a chattel mortgage. "Verdict and judgment for the plaintiff below.
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ERROR to* the Circuit Court for Fond du Lac County. The action below was replevin for cattle, and was brought by Harriet and Jane Blinebury against Miller as administrator of one Cron. Defense, that Cron, as sheriff, seized the cattle as the property of one Goodrich, under a writ of attachment. Plaintiffs claimed under a chattel mortgage. "Verdict and judgment for the plaintiff below. One of the errors assigned by Miller is the refusal of certain instructions asked by him; which will sufficiently appear from the opinion.
1Opinion of the CourtCole, J.
It appears to us that the first two instructions asked by the defendant below were pertinent, and should have been given. They are, in substance and effect, that if the jury believed from the evidence that the mortgagor, Goodrich, *677did not deliver the chattel mortgage to Lemley for the use and benefit of the plaintiffs, and unless Lemley accepted and received the mortgage for them, and gave it to the town clerk to be filed, the instrument was void as to the creditors of Goodrich. It is an admitted fact in the case, that the mortgagees were not present when the chattel mortgage was executed by…
2Cases cited1 opinion
- McCourt v. MyersWisconsin Supreme Court · 1859
3Cited by1 opinion
- Rogers v. Heads Iron FoundryNebraska Supreme Court · 1897