Anderson v. Coburn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglass County. Ejectment, by Sarah B. Newton, claiming as widow of John M. Newton, deceased. The land is alleged to have been the homestead of said John M. Newton and his family prior to his decease. The defendant claimed as purchaser at a sale under an execution in ,a certain attachment suit in said court, brought by one Field against one William H. Newton.
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APPEAL from the Circuit Court for Douglass County. Ejectment, by Sarah B. Newton, claiming as widow of John M. Newton, deceased. The land is alleged to have been the homestead of said John M. Newton and his family prior to his decease. The defendant claimed as purchaser at a sale under an execution in ,a certain attachment suit in said court, brought by one Field against one William H. Newton. John M. Newton’s title was by purchase from said William H. Newton, prior to said execution sale, but subsequent to the judgment in said attachment suit. The circuit court held that in the action of…
1Opinion of the CourtCole, J.
The circuit court found as a conclusion of law, that the judgment in the case of George Field against William H. Newton was, at the time of its rendition, void, and did not become a lien upon the premises in question. And we think that this conclusion was fully warranted by the fatal defects in the proceedings in that cause. The record in the case of Field v. Newton shows that the summons was served by publication as in case of non-resident defendants having property within the state. The order of publication was made on the 21st day of December, 1857, and stated that the complaint therein…
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