Selsby v. Redlon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. Beplevin for a colt, brought by John W. Selsby. The defendant claimed as purchaser at a sheriff’s sale, in November, 1861, under an execution against the property of James K. Selsby, plaintiff’s father.
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APPEAL from the Circuit Court for Waushara County. Beplevin for a colt, brought by John W. Selsby. The defendant claimed as purchaser at a sheriff’s sale, in November, 1861, under an execution against the property of James K. Selsby, plaintiff’s father. The plaintiff’s evidence tended to show that he bought the colt of his father Sept. 27, 1861, and enlisted in the military service of the United States on the next day ; that he had been living with his father up to that time; that the father, by his request, was to keep the colt while he was absent in the army, and did keep it until the levy…
1Opinion of the Court
By the Court,
DixoN C. J.
It is possible that the declarations of the witness James K. Selsby were admissible on the ground that he was a vendor in possession of the property sold at the time they were made, but enough does not appear in the bill of exceptions to authorize us to so decide. It appears that the colt remained in his possession after the alleged sale to the plaintiff, but whether it was in his possession at the time the declarations were made does not distinctly appear. To warrant their admission on this ground, it should be clearly shown that he was in possession when the…
2Cases cited3 opinions
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1860
- Grant v. LewisWisconsin Supreme Court · 1861
- Mariner v. CoonWisconsin Supreme Court · 1863
3Cited by6 opinions
- Small v. ChampenyWisconsin Supreme Court · 1899
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Tilton v. SwiftSupreme Court of Iowa · 1874
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Johnson v. HillWisconsin Supreme Court · 1895
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