Stahl v. Lynn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. Replevin for 100 cords of cedar alleged to have been cut on plaintiff’s land.
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APPEAL from the Circuit Court for Douglas County. Replevin for 100 cords of cedar alleged to have been cut on plaintiff’s land. It appeared on the trial that cedar was cut by the defendant Lynn upon a quarter section of land which belonged to the plaintiff up to a certain time in the spring of 1890. It was stipulated that plaintiff had the title and possession of the land from which the cedar was cut up to March 27, 1890. It appeared on the trial that plaintiff conveyed the lands to one Peltier by a deed dated March 27, 1890, but which was not delivered until May 5,1890. Stahl, the plaintiff,…
1Opinion of the CourtWiNslow, J.
One of the vital questions in tüe case was, When did title to the real estate pass from Stahl to Peltier? Was it on the 27th of March, when the deed was dated, or on the 5th of May, when it was delivered? Buckley, the plaintiff’s agent, testified that the land was sold about March 27th, that he had the deed partly under his control, and that it was delivered on the 5th of May. Plaintiff then attempted to prove by Buckley the circumstances of the transaction, but was not allowed to do so. We think this was error. Counsel stated to the court that his object was to show that title did not pass…
2Cited by1 opinion
- Stahl v. LynnWisconsin Supreme Court · 1893