Dahl v. Fuller
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for the wrongful taking and conversion of a quantity of grain, being one-third of the grain raised in a certain year upon land which one Charles Campbell and the defendants, WilUa-m Campbell and Ftdler, owned, occupied and worked in common, each owning a one-third interest in the products. Plaintiff had purchased Charles Campbell’s interest at an execution sale.
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APPEAL from the Circuit Court for Dodge County. Action for the wrongful taking and conversion of a quantity of grain, being one-third of the grain raised in a certain year upon land which one Charles Campbell and the defendants, WilUa-m Campbell and Ftdler, owned, occupied and worked in common, each owning a one-third interest in the products. Plaintiff had purchased Charles Campbell’s interest at an execution sale. The evidence showed that, within a few days after that sale, an agent of the plaintiff went with men and teams to remove the grain for him; that a part but not the whole of it was…
1Opinion of the CourtObton, J.
There appears to be no controverted question of law in this case, nor any question of the title of the plaintiff to one undivided third of the grain in controversy, or of his offer and demand for a division of it. The only question of fact raised by the learned counsel of the appellants is, whether both of the defendants made themselves liable for the conversion of the plaintiff’s one-third of the grain, both threshed and unthreshed, at the time of the demand. Several witnesses testified that, when the plaintiff’s employee and agent applied for a division of the grain, both of the defendants…
2Cases cited1 opinion
- Newton v. HoweWisconsin Supreme Court · 1872
3Cited by2 opinions
- Carrier v. AtwoodWisconsin Supreme Court · 1885
- Alderson v. SchulzeWisconsin Supreme Court · 1885