76 Wis. 579 | Wis. | 1890
It appears from the undisputed evidence that the plaintiff was the owner of the mare, and that she had been stolen from him, as stated. This being so, the defendant acquired no title by his supposed purchase. The only color of defense is to the effect that the defendant had delivered the mare to one Gust, who claimed the right
The verdict in favor of the plaintiff is fully sustained by the evidence and the law applicable. There was no error in charging the jury, in effect, that if they found the plaintiff made such demand of the defendant, and then sued out his writ of replevin before he had any notice that the defendant had transferred, or pretended to transfer, such possession to Mr. Gust, then the action would not thereby be defeated. In other words, a person thus wrongfully refusing to deliver up possession of property to the owner on demand, cannot escape liability by wrongfully delivering such possession to a stranger who he knows, or has good reason to believe, has no authority to receive it.
Other exceptions in the case are not of such a nature as to require special consideration.
By the Court.— The judgment of the circuit court is affirmed.