Buell v. Arnold
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. ViNje, Circuit Judge. The plaintiffs Buell, one Leland, and Bossman brought suit against the defendant for strict foreclosure of a land contract, dated October 1, 1902, for the purchase by defendant from plaintiffs of 3,492.40 acres of land in Douglas county. Pending the action William Prindle, as trustee in bankruptcy, was substituted as plaintiff in place of Leland.
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Appeal from a judgment of the circuit court for Douglas county: A. J. ViNje, Circuit Judge. The plaintiffs Buell, one Leland, and Bossman brought suit against the defendant for strict foreclosure of a land contract, dated October 1, 1902, for the purchase by defendant from plaintiffs of 3,492.40 acres of land in Douglas county. Pending the action William Prindle, as trustee in bankruptcy, was substituted as plaintiff in place of Leland. The purchase price of the land was $8,201.14, of which $850 was paid on the contract, the defendant agreeing to pay the balance part in cash when a good title…
1Opinion of the CourtEeewiN, J.
Tbe only question involved is whether the judgments rendered and docketed against Douglas county became liens upon the lands in suit. There is no dispute upon the facts. If the judgments in question were liens upon any of the lands described in the contract, the decision of the court below is erroneous; if not, it is right. The general doctrine is that the property of municipal corporations cannot be seized or sold upon execution. 1 Dillon, Mun. Corp. § 446; 1 Black, Judgments (2d ed.) 407; 1 Freeman, Executions, §126; President, etc. of I. & B. R. Co. v. Indianapolis, 12 Ind. 620; Davenport…
2Cases cited14 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- City of Chicago v. HasleyIllinois Supreme Court · 1861
- Brown v. GatesWest Virginia Supreme Court · 1879
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3Cited by2 opinions
- Opinion No. Oag 40-87, (1987), Wisconsin Attorney General Reports1987
- State ex rel. Mason v. LarsenWisconsin Supreme Court · 1919