Sargeant v. Solberg
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. Replevin, for fifty cords of wood. Plaintiff claimed under a chattel mortgage from one Barlow, filed February 9,1864; defendant as sheriff, under an execution upon a judgnient against Barlow, docketed April 13,1864, which execution was levied upon said wood June 13, 1864. The property is described in the mortgage as “fifty cords of wood, piled upon lot No. 1, block No. 33, in the city of La Crosse and state of’Wisconsin;”…
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APPEAL from tbe Circuit Court for Columbia County. Replevin, for fifty cords of wood. Plaintiff claimed under a chattel mortgage from one Barlow, filed February 9,1864; defendant as sheriff, under an execution upon a judgnient against Barlow, docketed April 13,1864, which execution was levied upon said wood June 13, 1864. The property is described in the mortgage as “fifty cords of wood, piled upon lot No. 1, block No. 33, in the city of La Crosse and state of’Wisconsin;” and the condition of the defeasance is, the payment of $200, with interest, according to the conditions of a note made by…
1Opinion of the CourtCole, J.
¥e think there was no error in admitting parol testimony to identify tbe wood embraced in tbe mortgage. It is contended that tbe wood should bave been described in such a manner that a mere inspection of tbe mortgage, without reference to any other evidence or source of information, would enable one to identify the property mortgaged; and that unless tbe property is thus described, tbe instrument is void for uncertainty. It would undoubtedly be a very desirable rule, if it were possible, to describe tbe property mortgaged so that one could ascertain from tbe face of tbe instrument itself what…
2Cases cited2 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Milwaukee & Minnesota Railroad v. Milwaukee & Western RailroadWisconsin Supreme Court · 1865
3Cited by12 opinions
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Kalk v. FieldingWisconsin Supreme Court · 1880
- Whiting v. HoglundWisconsin Supreme Court · 1906
- James v. Van DuynWisconsin Supreme Court · 1878
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
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