Legal Opinion

Matthews v. Ott

Wisconsin Supreme Court

Decided April 10, 1894PublishedCited by 2 opinions

APPEAL from the Circuit Court for Milwaukee County. On November 6, 1893, James Morgan & Co., and James Morgan and Thomas Morgan individually, made an assignment for the benefit of their creditors to Quincy A. Matthews, the appellant. On that day the sheriff of Milwaukee county had possession of the assigned property'under executions against the assignors.

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APPEAL from the Circuit Court for Milwaukee County. On November 6, 1893, James Morgan & Co., and James Morgan and Thomas Morgan individually, made an assignment for the benefit of their creditors to Quincy A. Matthews, the appellant. On that day the sheriff of Milwaukee county had possession of the assigned property'under executions against the assignors. While the sheriff so held the property the defendant Ott, as coroner, took a part of such property from the sheriff upon a writ of replevin in favor of the other defendant. Afterwards, by direction of the court, the sheriff delivered all the…

1Opinion of the CourtNewman, J.

It is agreed that the question in this case is whether an action of replevin can be maintained against an assignee for the benefit of creditors for property in his possession, claimed by him under a valid assignment. The contention turns upon the point whether the possession of the asáignee is the custody of the law —in law Latin, cus-todia legis.

Many cases having more or less bearing upon the question are cited on either side. But, really, it is not an open question in this state. Such actions have been countenanced and sustained by this court. Lee v. Simmons, 65 Wis. 523; Singer v.…

2Cases cited3 opinions

  1. Lee v. SimmonsWisconsin Supreme Court · 1886
  2. Singer v. SchillingWisconsin Supreme Court · 1889
  3. Starke v. PaineWisconsin Supreme Court · 1893

3Cited by2 opinions

  1. Jones v. McCormick Harvesting Mach. Co.Court of Appeals for the Seventh Circuit · 1897
  2. Stanton Trust & Savings Bank v. Northern Montana Ass'n of Credit MenMontana Supreme Court · 1926

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