23 Wis. 497 | Wis. | 1868
This case must turn upon the correctness of the seventh and eighth instructions given the jury at the request of the plaintiffs. For it is very apparent, if the proposition of law involved in those instructions be sound, then the other questions in the case become immaterial, and' the judgment must be affirmed. That proposition is, in substance, that if a person recovers judgment in a garnishee proceeding against the purchaser of property for any portion of the consideration money, he cannot afterward proceed and treat the sale as void. In this case it appears that Chapman and Danforth have garnished the plaintiffs as debtors of Cunningham, and have recovered judgment against them for the balance due on the logs, and they likewise seek to hold the logs on their attachment as the property of Cunningham, because the sale by the latter to the plaintiffs was fraudulent and void as to creditors.
It follows from these views, that the instructions referred to were correct; and as they render a consideration of the other points in the case unnecessary, the judgment must be affirmed.
By the Court.— Judgment of circuit court affirmed.