Smith v. Buck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Ejectment, for land in said county. Plaintiff claimed as purchaser at an' execution sale; and it appeared that the judgment was rendered June 19, 1855, by a justice of the peace for "Winnebago county; that a certified transcript thereof was filed in the circuit court of the last named county on the 27th of July following, which showed an execution issued on the judgment by the justice, June 20th, and returned nulla bona, July…
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APPEAL from the Circuit Court for Waupaca County. Ejectment, for land in said county. Plaintiff claimed as purchaser at an' execution sale; and it appeared that the judgment was rendered June 19, 1855, by a justice of the peace for "Winnebago county; that a certified transcript thereof was filed in the circuit court of the last named county on the 27th of July following, which showed an execution issued on the judgment by the justice, June 20th, and returned nulla bona, July 25th. Plaintiff offered in evidence a certified transcript of an execution on said judgment, issued out of the…
1Opinion of the CourtDixon, C. J.
The provisions of section 5, chap. 102, R. S. 1849, when considered in connection with those of section 63 of the same chapter, show very conclusively that an execution authorizing the sale of real estate could not lawfully issue upon the judgment of a court of record, until the record of the judgment, or a certified transcript thereof, was filed in the county where such real estate was situated. The former provided that all judgments thereafter rendered in any court of record should bind and be a charge upon the lands, tenements, real estate and chattels real, in every county where the…
2Cited by3 opinions
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- McDonald v. FullerSouth Dakota Supreme Court · 1898
- Bugbee v. LombardWisconsin Supreme Court · 1894