Field v. Doyon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule, County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This action was brought to recover the possession of two heifers two years old and three calves, of the alleged value of $80. The facts are as follows: Louis Townsend Avas the ovyner of the heifers and calves; "both plaintiff and defendant claim under him.
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APPEAL from the Circuit Court for Saule, County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This action was brought to recover the possession of two heifers two years old and three calves, of the alleged value of $80. The facts are as follows: Louis Townsend Avas the ovyner of the heifers and calves; "both plaintiff and defendant claim under him. Townsend on the 22d day of September, 1883, mortgaged the heifers and cahres to the defendant, together with other personal property mentioned in the mortgage, to secure the payment to the…
1Opinion of the CourtTaylok, J.
We think the evidence in the case fully sustains the contention of the respondent that the appellant, a,nd defendant in the court below, with full knowledge that his mortgagor had sold the property in question to the respondent for its full value, accepted the money received on *563suet sale by tis mortgagor and credited the amount on bis mortgage debt. And without showing the further fact that the appellant on the receipt of such money agreed to release the property so sold from his mortgage, it seems to us very clear that he is now estopped from asserting-his right to the mortgaged property…
2Cases cited2 opinions
- McConnell v. PeopleIllinois Supreme Court · 1874
- Beall v. BarclayCourt of Appeals of Kentucky · 1850
3Cited by8 opinions
- Coburn v. RaymondSupreme Court of Connecticut · 1904
- Karns v. OlneyCalifornia Supreme Court · 1889
- Wade v. CornishSupreme Court of Oklahoma · 1909
- Ft. Dearborn Trust & Sav. Bank v. Skelly Oil Co.Supreme Court of Oklahoma · 1930
- Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925
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