Nichols v. Webster
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Racine County. This was an action of trespass, brought by the defendant in error against the plaintiffs in error, for taking certain goods and chattels which had been mortgaged by the defendant in error to the plaintiffs in error.
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ERROR to tbe Circuit Court for Racine County. This was an action of trespass, brought by the defendant in error against the plaintiffs in error, for taking certain goods and chattels which had been mortgaged by the defendant in error to the plaintiffs in error. At the expiration of the time fixed for the payment of the sum seemed by the mortgage, the plaintiffs in error, without the consent of the defendant in error, took the goods and chattels mortgaged into then- possession, and upon this state of the case . the action was brought against the plaintiffs in error, who pleaded to the…
1Opinion of the CourtWhitoN, J.
The question in this case arises upon my decision in ruling out the chattel mortgage of the goods alleged to have been taken by the plaintiffs in error, and for the taking of which the suit is brought. The plea- was the general issue, and when the mortgage was offered in evidence by the plaintiffs in error, the defendants below, I was of opinion that the plaintiff below, the mortgagor, had a legal interest remaining in the goods mortgaged, after a breach of the condition, ac*237cording to the stipulation contained in tbe mortgage; tbat Nichols, the mortgagee, should pay over to Webster, the…
2Cited by3 opinions
- Flanders v. ThomasWisconsin Supreme Court · 1860
- Musgat v. PumpellyWisconsin Supreme Court · 1879
- Holzhausen v. ParkhillWisconsin Supreme Court · 1893