Ott v. Rape
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Ejectment, against Rape and Gilbert. Gilbert alone answered. The facts, as found by the court, were substantially as follows: In April, 1865, Ott, having a judgment against Rape for about $66, had the land here in dispute, wMcli then belonged to Rape, sold under an execution upon said judgment, and himself bid it off for the amount of the execution debt, and received the usual certificate of sale.
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APPEAL from the Circuit Court for Dane County. Ejectment, against Rape and Gilbert. Gilbert alone answered. The facts, as found by the court, were substantially as follows: In April, 1865, Ott, having a judgment against Rape for about $66, had the land here in dispute, wMcli then belonged to Rape, sold under an execution upon said judgment, and himself bid it off for the amount of the execution debt, and received the usual certificate of sale. At this time Rape was absent from the state, and after his return,viz., in April, 1866, without any knowledge that the land had been so sold, he paid…
1Opinion of the CourtDixon, C. J.
In this case we unhesitatingly adopt the conclusion of the court of appeals of Kentucky under like circumstances (Southard v. Pope's Ex'r, 9 B. Monroe, 264, 265), and hold that the plaintiff, by accepting a part of the purchase-money for which the land was sold, waived his right to enforce a forfeiture of the equity of redemption according to the terms of the certificate of sale, which he held, and thereby converted the certificate, and his interest in the land under it, into a mere lien or security for the payment of the balance of the purchase-money.
By the Qourt. — The judgment of the…
2Cited by7 opinions
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