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Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin (Volume 31)

Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin (Volume 31)

Paperback

General World History

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ISBN10: 1153980053
ISBN13: 9781153980050
Publisher: General Books
Pages: 262
Weight: 0.86
Height: 0.59 Width: 5.98 Depth: 9.02
Language: English
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... Lum and another vs. Hoag and another. gations shall be liberally construed with a view to substantial justice between the parties. Sec. 23, ch. 125, R. S., Taylor's ed.; Jarvis v. McBride, 18 Wis., 316. And in accordance with the literal meaning and spirit of this rule of interpretation, we feel warranted in assuming that the possession of the plaintiff is an actual possession, which is essential and necessary to maintain the action under sec 29. But, for the defect in the complaint first above considered, the order sustaining the demurrer to the amended complaint must be affirmed. By the Court--Order affirmed. A motion for a rehearing was denied at the January term, 1873. Lum and another vs. Hoag and another. Sale Of Chattels. (1) When purchase from third party good, as against the true owner's creditors. (3) Delivery and change of possession 1. One who purchases chattels in good faith, for their full value, and pays for them by discharging the just debts of the true owner, is entitled to hold them as against such owner's other creditors, who have not a prior specific lien, although such purchase may have been made in form, and a bill of sale taken, from some one claiming title other than the true owner. 2. Where the property was brick in a kiln, and the vendee took a bill of sale and took control of the kiln, this was a sufficient delivery and change of possession (as against general creditors), although he delayed removing the brick until certain attachment liens thereon were discharged. APPEAL from the Circuit Court for Jefferson County. Action to recover the possession, or the value, of a quantity of brick. The case is stated in the first paragraph of the opinion. The plaintiffs appealed from a judgment in favor of the defendants....

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