Saxton v. Williams
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. This was an action to recover the possession of certain logs which the plaintiff, as sheriff of Juneau county, had levied upon under an attachment against Douglass and Bacon, and which had been taken from his possession by tbe defendant, Williams.
Read the full summary
APPEAL from the Circuit Court for Juneau County. This was an action to recover the possession of certain logs which the plaintiff, as sheriff of Juneau county, had levied upon under an attachment against Douglass and Bacon, and which had been taken from his possession by tbe defendant, Williams. On the trial, it appeared that the defendant, at the time of the levy, held a mortgage upon the logs in question, from Douglass and Bacon, by tbe terms of which the mortgagors were to saw the logs into lumber, and deliver tbe lumber to him as fast as sawed, or run it to market and sell it as his…
1Opinion of the Court
By the Court,
PAINE, J.
The court below erred in instructing the jury that their verdict should depend on the question whether Williams, the defendant and mortgagee, or Douglass & Brown, the mortgagors, had possession of the property. The authorities sustain the position, that where *295the mortgagor bas, as against tbe mortgagee, tbe right to the possession of the property for any definite period time, there his interest may be attached, or seized and sold, subject to the mortgage ; but that if the mortgagee is in possession or has an - immediate right to the possession, then that right cannot be…
2Cases cited3 opinions
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Cotton v. MarshWisconsin Supreme Court · 1854
3Cited by9 opinions
- Lowe v. WingWisconsin Supreme Court · 1882
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Smith v. CoolbaughWisconsin Supreme Court · 1867
- Daly v. ProetzSupreme Court of Minnesota · 1874
- Hass v. PrescottWisconsin Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.