Raymond v. Pauli
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bocine County. Action for a partition, the plaintiff claiming to own an -undivided half of the premises, and the defendant denying such claim. The facts alleged in the answer and found by the court, are substantially as follows : On the 5th of June, 1858, Elisba and Seneca Raymond, owning the whole of said premises, mortgaged the same for $500, payable in three years, with interest at 12 per cent.
Read the full summary
APPEAL from the Circuit Court for Bocine County. Action for a partition, the plaintiff claiming to own an -undivided half of the premises, and the defendant denying such claim. The facts alleged in the answer and found by the court, are substantially as follows : On the 5th of June, 1858, Elisba and Seneca Raymond, owning the whole of said premises, mortgaged the same for $500, payable in three years, with interest at 12 per cent. At the date of the mortgage there was an unsatisfied judgment against Elisba Raymond and one Skinner, for $222. In November, 1860, an execution upon this judgment…
1Opinion of the CourtDixon, C. J.
An execution sale of land in disregard of the law which requires it to be offered in separate parcels, is not void, but only voidable at the instance of the party aggrieved. The remedy is, to apply within a reasonable time, and have the sale set aside on that ground. Bunker v. Rand, 19 Wis., 258. Undoubtedly a reasonable time must be some time within the period fixed by law for a redemption. If that period is allowed to expire, and a deed to be executed, the application cannot afterwards be made, unless under special circumstances of fraud or mistake, showing some reasonable excuse for the…
2Cases cited1 opinion
- Russell v. AllenNew York Court of Chancery · 1843
3Cited by3 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Raymond v. HolbornWisconsin Supreme Court · 1868
- Pier v. StormWisconsin Supreme Court · 1875