124 Wis. 234 | Wis. | 1905
The controversy between the parties is over the legal effect of the order of defendant Helmke, whereby he authorized the garnishee, Murphy, to pay the Kerr Company,
The legal effect of transactions like this has often been discussed and considered by the courts, resulting in conflicting conclusions upon the subject. There is practical unanimity of opinion that, in law, there is no transfer of title or interest to such property; but the courts are not agreed upon the question whether such an agreement meates a lien of an equitable character attaching to and bringing the property within the terms of the agreement upon the property coming into existence and possession of the party attempting to transfer it. The case, however, is not one of first impression before this court. It was presented in the early case of Chynoweth v. Tenney, 10 Wis. 397, and a number of subsequent cases. Mr. Justice Paine, in delivering the opinion of the court in that case, observed:
“The effect to be given to conveyances which purport to grant property to be thereafter acquired by the grantor has of late occupied the attention of courts to a considerable extent, and does not seem to be entirely settled. The maxim of the common law that ‘a man cannot grant or charge that which Tie hath not,’ if applied to it without qualification, would readily determine it.”
After an examination of the cases the court declares that & conveyance of after-acquired property is “inoperative to
Under the facts of this case, Helmke was under no obligation to deliver milk to Murphy after the date of the order. The expectation that he would do so may have existed, but' was coupled with no vested interest. This made it a mere-possibility, and created no actual or potential interest in any of the proceeds of the milk he afterwards delivered; thus-rendering the order ineffectual as a legal transfer. Farmers’ L. & T. Co. v. Commercial Bank, 11 Wis. 207; Single v. Phelps, 20 Wis. 398; Hunter v. Bosworth, 43 Wis. 583; Lamson v. Moffat, 61 Wis. 153, 21 N. W. 62; Merchants’ & M. S. Bank v. Lovejoy, 84 Wis. 601, 55 N. W. 108; Huling v. Cabell, 9 W. Va. 522; Cook v. Corthell, 11 R. I. 482.
By the Court. — The judgment is reversed, and the cause is remanded with directions that the plaintiff be awarded judgment for the sum paid into court by the garnishee.