Talbot v. Woodle
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Ejectment. The plaintiff claimed under a deed from E. Stanley Smith, executed in April and recorded in May, 1849. The defendant claimed under a sheriff’s deed executed in 1852, in pursuance of a sale made upon execution in September, 1849, in an action by Mead, Eogers & Co. against said Smith, and farther claimed that said sale and deed conveyed to him all the interest which said Smith had in the premises on the 1st of…
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APPEAL from the Circuit Court for La Fayette County. Ejectment. The plaintiff claimed under a deed from E. Stanley Smith, executed in April and recorded in May, 1849. The defendant claimed under a sheriff’s deed executed in 1852, in pursuance of a sale made upon execution in September, 1849, in an action by Mead, Eogers & Co. against said Smith, and farther claimed that said sale and deed conveyed to him all the interest which said Smith had in the premises on the 1st of March, 1849, that being the day on which said premises were seized by the sheriff under a writ of attachment in said…
1Opinion of the Court
By the Court,
Cole, J.
It is claimed that the attachment proceeding under which the appellant claims title, is void. If this objection is sustained it effectually disposes of the case, and it will be unnecessary to notice other points discussed by counsel. Were then the attachment proceedings void ? It is insisted that they were, and that the affidavit for the writ was insufficient to give the court jurisdiction. The affidavit was made by the attorney of the plaintiffs in the attachment suit; and the particular objection taken to it is, that it only states the indebtedness of the defendant on…
2Cases cited2 opinions
- Lathrop v. SnyderWisconsin Supreme Court · 1862
- Quarles v. RobinsonWisconsin Supreme Court · 1849
3Cited by2 opinions
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Streissguth v. ReigelmanWisconsin Supreme Court · 1889