Frankland v. Moulton
Wisconsin Supreme Court
The bill in this case was filed to obtain possession of certain, property, viz : two steam engines,, and tbeir appurtenances, and to subject them to foreclosure and sale upon a chattel mortgage.
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The bill in this case was filed to obtain possession of certain, property, viz : two steam engines,, and tbeir appurtenances, and to subject them to foreclosure and sale upon a chattel mortgage. The following is a brief statement of the material facts in the case: In the early part of the year 1851, Isaac R. Moulton and Charles H. Pish, partners in business in Monroe, Green county, Wisconsin, engaged- in the enterprise Of building, in the village of Monroe, a steam flouring mill. In pursuance of such design, they purchased a lot of land, the title to which was taken in the name of Salena…
1Opinion of the Court
By the Court,
Whitoít, C. J.
Admitting; as is contended by tbe counsel for complainants, that tbe sale of tbe engine, boilers, &c., to Moulton and Eisb was not perfected until tbey were placed in tbe mill, and that tbe chattel mortgage was executed by Moulton and Eisb to tbe complainants at tbe same time that tbe title vested in tbem by tbe sale; and admitting, further, as is also claimed by tbe complainants, that tbe property is of tbe kind that when annexed to tbe freehold, is denominated fixtures, such as, between landlord and tenant, would be subject to removal by tbe latter during bis…
2Cited by22 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Taylor v. CollinsWisconsin Supreme Court · 1881
- State ex rel. Gisholt Machine Co. v. NorsmanWisconsin Supreme Court · 1919
- Smith v. WaggonerWisconsin Supreme Court · 1880
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
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