Cook v. Van Horn

• Decision Date: 15 December 1891
• Citation: 50 N.W. 893,81 Wis. 291
• Parties: COOK ET AL. v. VAN HORN ET AL.
• Court: Wisconsin Supreme Court

81 Wis. 291

50 N.W. 893

COOK ET AL.

v.VAN HORN ET AL.

Supreme Court of Wisconsin.

Dec. 15, 1891.

Appeal from circuit court, Bayfield county; J. K. PARISH, Judge.

Action of replevin by S. G. Cook and others against N. Van Horn and others. Affirmed.

The other facts fully appear in the following statement by WINSLOW, J.:

Replevin for a quantity of lumber. Prior to October 10, 1888, the lumber was owned by one Lane, a citizen of Michigan, who on that day executed an assignment in Michigan, for the benefit of his creditors, to one Clark, who accepted the trust. Said assignment was fully perfected under the laws of Michigan, October 19, 1888, by the filing of the same in the proper office, with list of creditors, inventory of property, and an approved bond. The laws of Michigan, then in force, governing such assignments, were as follows: “That all assignments commonly called ‘common-law assignments' for the benefit of creditors shall be void unless the same shall be without preferences as between such creditors, and shall be of all the property of the assignor [not] exempt from execution, and unless such instrument of assignment, or a duplicate thereof, an inventory of the assigned property, a list of creditors of the assignor, and a bond for the faithful performance of the trust by the assignee, shall be filed in the office of the clerk of the circuit court of the county where such assignor resides; or, if he is not a resident of this state, then of the county where the assignee resides; if neither are residents of this state, then of the county where the assigned property is principally located, within ten days after the making thereof. Such assignment shall convey to the assignee all property of the assignor not exempt from execution, and all rights, legal or equitable, of said assignor: provided, that no such assignment shall be effectual to convey the title to the property of the assignor or assignee until such bond shall be executed, filed with and approved by said clerk: and provided, further, that no attachment or execution levied upon any assigned property of such assignor, after such assignment and before the expiration of the time provided herein for filing such bond, shall be valid, or create any lien upon such property.” Clark, the assignee, took actual possession of the property October 12, 1888, at noon of that day. Upon the same day an action was begun in the circuit court of Bayfield county by Green and others against...