Martin v. C. Aultman & Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crcmt County. Action to establish the plaintiff’s title to ninety-nine acres of land as against a certificate of the sale thereof to the defendant under an execution issued upon a judgment against tbe plaintiff’s grantor, Elizabeth Bowen, and one Charles H. Cox. The said judgment had been docketed before the land was conveyed to the plaintiff.
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APPEAL from the Circuit Court for Crcmt County. Action to establish the plaintiff’s title to ninety-nine acres of land as against a certificate of the sale thereof to the defendant under an execution issued upon a judgment against tbe plaintiff’s grantor, Elizabeth Bowen, and one Charles H. Cox. The said judgment had been docketed before the land was conveyed to the plaintiff. The complaint alleges that the court which rendered such judgment never acquired jurisdiction of the person of either of said defendants ; that the premises had for many years been the homestead of the said Elizabeth…
1Opinion of the CourtCole, C. J.
Did the court acquire jurisdiction of the person of the defendant Bowen in the suit of G. Aultmmi da Go. against her and Cox, by the service which was made upon her? The judgment in that suit was rendered and docketed on the 14th of June, 1878, before the premises mentioned in the complaint were conveyed to the plaintiff. The summons and complaint were served by the deputy sheriff, who in effect certifies in his return that he personally served these papers upon the defendant Elizabeth Bowen by delivering and leaving with her true copies of the same, having explained the contents to her, and…
2Cases cited2 opinions
- Kent v. AgardWisconsin Supreme Court · 1867
- Kent v. LasleyWisconsin Supreme Court · 1880
3Cited by9 opinions
- Smith v. SlackWest Virginia Supreme Court · 1943
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- Anchor Savings & Loan Ass'n v. WeekWisconsin Supreme Court · 1974
- Rumage v. GullbergWisconsin Supreme Court · 2000
- Fitzgerald v. Buffalo CountyWisconsin Supreme Court · 1953
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