Maier v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Buffalo County. The facts sufficiently appear from the opinion. The defendants appealed from a judgment in favor of tbe plaintiff. to the point that there can be no constructive notice in the recording or filing of an instrument executed by a stranger to the title, cited: Wade on Notice, secs. 205, 213, 223; Crockett v. Maguire, 10 Mo., 3é; Leiby v. Wolf, 10 Ohio, 83; Single v. Phelgos, 20 Wis., 399.
1Opinion of the CourtOetoN, J.
This is an action of replevin for certain wheat then being threshed, and the plaintiff relies for title to the property upon a chattel mortgage executed to him by one Michael Eeuiling, dated the 13th day and filed the 16th day of April, 1878, for the same wheat, then a growing crop on the land of Anna Maria Eeuiling, his wife, which land was her separate property, and at that time was occupied and cultivated by the family. The defendants had taken the wheat, and attempt to justify such taking, by virtue of two chattel mortgages upon such growing crop,— the first, executed by the said Michael…
2Cases cited13 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Morrow v. ReedWisconsin Supreme Court · 1872
- Newman v. TymesonWisconsin Supreme Court · 1860
- Single v. PhelpsWisconsin Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First National Bank of Madison v. DammWisconsin Supreme Court · 1884
- New England National Bank v. Northwestern National BankMissouri Court of Appeals · 1902
- Rhea Mortgage Co. v. LemmermanTexas Commission of Appeals · 1928
- Rakowski v. ZimmermanWisconsin Supreme Court · 1914