Rosebrook v. Runals
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Replevin. The complaint merely avers that the defendant has become possessed of and 'wrongfully detains certain chattels of the plaintiffs, describing them and stating their value; and thereupon it demands judgment in the usual form.
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APPEAL from the Circuit Court for Green Lake County. Replevin. The complaint merely avers that the defendant has become possessed of and 'wrongfully detains certain chattels of the plaintiffs, describing them and stating their value; and thereupon it demands judgment in the usual form. The answer alleges, in substance, the execution by the plaintiff Rosebrook and one Duncan, to Nichols & Shepard, of six notes and a mortgage securing the same, covering the property named in the complaint; the due filing of said mortgage, etc.; that defendant took possession of the property as the agent of…
1Opinion of the CourtCole, J.
This was an action of replevin to recover the possession of certain chattels, which the plaintiff Rosebrook and one Duncan had mortgaged to Nichols & Shepard. The defendant, as agent of Nichols & Shepard, had taken possession of the property on default in the payment of two promissory notes executed by the mortgagors to the mortgagees, and which the chattel mortgage was given to secure. It is admitted that the plaintiff Mowers had become interested in the mortgaged property — probably by purchase from Duncan; but the terms and conditions of the sale do not appear from the evidence. On the…
2Cases cited3 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Hiner v. NewtonWisconsin Supreme Court · 1872
- Thomas v. ThomasWisconsin Supreme Court · 1859
3Cited by2 opinions
- Musgat v. PumpellyWisconsin Supreme Court · 1879
- Steckbauer v. LeykomWisconsin Supreme Court · 1907