Prahl v. Rogers
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee -county: J. C. Ludwig, Judge. The appeal was from an order denying a motion to set aside ■a writ of assistance. May 12, 1897, Johanna Wrege, who was then possessed of a homestead right and also a one-third interest in the fee to the land in question, mortgaged, in form, the whole title to the plaintiffs to secure payment of a note for $1,000. She did not thereafter marry.
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Appeal from an order of tbe superior court of Milwaukee -county: J. C. Ludwig, Judge. The appeal was from an order denying a motion to set aside ■a writ of assistance. May 12, 1897, Johanna Wrege, who was then possessed of a homestead right and also a one-third interest in the fee to the land in question, mortgaged, in form, the whole title to the plaintiffs to secure payment of a note for $1,000. She did not thereafter marry. August 30, 1897, subject to such mortgage, she in form conveyed the whole title to Mary Roe, who later by marriage became Mary Stadlbauer, the transaction being…
1Opinion of the CourtMaeshall, J.
Counsel for appellant with much authority presses upon our attention the idea that a writ of assistance to put a purchaser at a foreclosure sale in possession of the property should only be issued upon notice to the occupant, and should not be issued at all against one not a party to the *359foreclosure suit. There is this fundamental infirmity in that position. It is based mainly on decisions in other states under statutes or court rules differing from ours and decisions and practice at common law. It is useless, generally, in treating a matter of procedure to go outside of our own statutes and…
2Cases cited8 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Brown v. CohnWisconsin Supreme Court · 1894
- Stanley v. SullivanWisconsin Supreme Court · 1888
- Goit in the Suit of Knapp v. DickermanWisconsin Supreme Court · 1866
- Smith v. PrettyWisconsin Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Flowerree v. District CourtMontana Supreme Court · 1924
- Farr v. Hobe-Peters Land Co.Court of Appeals for the Seventh Circuit · 1910
- Illinois Steel Co. v. KohnkeWisconsin Supreme Court · 1912