Bent v. Hoxie
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winne‘ bago county: Geo. W. Bubnell, Circuit Judge. This is an action of replevin to recover one and one-half million feet of pine lumber ■which at the time of the commencement of the action, to wit, September 6, 1890, was in the possession of Hoxie & Mellor.
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Appeal from a judgment of the circuit court for Winne‘ bago county: Geo. W. Bubnell, Circuit Judge. This is an action of replevin to recover one and one-half million feet of pine lumber ■which at the time of the commencement of the action, to wit, September 6, 1890, was in the possession of Hoxie & Mellor. The sheriff seized upon the writ 1,263,236 feet of lumber, of the value of $9,336.85-. On the same day that this action was commenced, but after the lumber had been seized upon the writ, Hoxie & Mellor made a voluntary assignment for the benefit of creditors to Charles Y. Bardeen, who was…
1Opinion of the CourtWins low, J.
The contract in question was a contract for the sale of an interest in lands, with a reservation of title as security for the purchase money. The subsequent cutting of the timber did not change the character of the in*630strument. The necessary result is that it was not a conditional sale of personal property nor a chattel mortgage, and did not have to be filed in the office of the town clerk as required by secs. 2314, 2317, R. S. These questions were all, in effect, settled by the case of Lillie v. Dunbar, 62 Wis. 198, where the contrary intimations in the cases of Cadle v. McLean, 48 Wis. 637,…
2Cases cited5 opinions
- Young v. MilesWisconsin Supreme Court · 1866
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Mowry v. WhiteWisconsin Supreme Court · 1867
- Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1881
- Cadle v. McLeanWisconsin Supreme Court · 1880
3Cited by6 opinions
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Hyland v. Bohn Manufacturing Co.Wisconsin Supreme Court · 1896
- Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
- Bardon v. McCallWisconsin Supreme Court · 1900
- Kneeland-McLurg Lumber Co. v. LillieWisconsin Supreme Court · 1914
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