Lackas v. Bahl
Wisconsin Supreme Court
APPEAL from tbe Comity Court of Brown County. Action of waste. Tbe plaintiff having foreclosed a mortgage executed to bim by tbe defendant Adolph Bahl, on a certain lot on wbicb was a blacksmith shop, and having purchased the mortgaged premises at the foreclosure sale, the mortgagor, assisted by the other defendants, removed from the shop certain articles of property, which the plaintiff claims were fixtures and passed to him on the sale.
Read the full summary
APPEAL from tbe Comity Court of Brown County. Action of waste. Tbe plaintiff having foreclosed a mortgage executed to bim by tbe defendant Adolph Bahl, on a certain lot on wbicb was a blacksmith shop, and having purchased the mortgaged premises at the foreclosure sale, the mortgagor, assisted by the other defendants, removed from the shop certain articles of property, which the plaintiff claims were fixtures and passed to him on the sale. The property was so removed while the plaintiff was the holder of the sheriff’s certificate of sale, and before he was entitled to a conveyance of the…
1Opinion of the CourtLyon, J.
If any of the articles taken from the blacksmith shop by the defendants were fixtures, the title to which would pass to the plaintiff by the sheriff’s deed under the foreclosure sale, it is not denied that the removal of such property was waste, or that this action may be maintained by the plaintiff to recover damages therefor. Whether such articles were fixtures, that is to say, a part of the freehold, is the main question argued by the respective counsel, and the only one which we have found it necessary to consider.
It is not deemed advisable to go into an elaborate discussion of the law on…
2Cited by2 opinions
- Bandlow v. ThiemeWisconsin Supreme Court · 1881
- Jewett v. DringerSupreme Court of New Jersey · 1878