Halpin v. Stone
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Eeplevin for a quantity of tamarack and cedar railroad ties which the plaintiff had mortgaged to one "Whitson, and which the latter had sold to the defendant. The facts will sufficiently appear from the opinion. The action was commenced in the municipal court for Ashland county, and from a judgment in that court in favor of the plaintiff the defendant appealed to the circuit court.
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APPEAL from the Circuit Court for Ashland County. Eeplevin for a quantity of tamarack and cedar railroad ties which the plaintiff had mortgaged to one "Whitson, and which the latter had sold to the defendant. The facts will sufficiently appear from the opinion. The action was commenced in the municipal court for Ashland county, and from a judgment in that court in favor of the plaintiff the defendant appealed to the circuit court. In the latter court at the close of the testimony a verdict was directed for the defendant. Prom the judgment entered on such verdict the plaintiff has appealed.
1Opinion of the Court
Cole, 0. J.
It is elementary law that, to support re-plevin, the plaintiff must, at the time of the caption, have had. either the general property taken or a special property therein with the right of possession. 1 Chitty, PI. 183, and cases referred to in note to. Had the plaintiff such an ownership in the ties in controversy when he commenced this suit as will support replevin? It appears he had given one Whitson a chattel mortgage on the ties to secure the payment of $130.12. No time was specified when the debt was to be paid, nor is there anything said in the mortgage as to who should have…
2Cases cited4 opinions
- Young v. MilesWisconsin Supreme Court · 1866
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Hannan v. OxleyWisconsin Supreme Court · 1868
- Reynolds v. VilasWisconsin Supreme Court · 1859
3Cited by1 opinion
- Wolf v. HaslachNebraska Supreme Court · 1902