87 Wis. 399 | Wis. | 1894
It is agreed that the question in this case is whether an action of replevin can be maintained against an assignee for the benefit of creditors for property in his possession, claimed by him under a valid assignment. The contention turns upon the point whether the possession of the asáignee is the custody of the law —in law Latin, cus-todia legis.
Many cases having more or less bearing upon the question are cited on either side. But, really, it is not an open question in this state. Such actions have been countenanced and sustained by this court. Lee v. Simmons, 65 Wis. 523; Singer v. Schilling, 74 Wis. 369; and Starke v. Paine, 85 Wis. 633,— were such actions.
The question is not difficult, on principle and reason.
By the Court.— The order of the circuit court is affirmed.