Lamberson v. Bailey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Richland county: GeoRGe Clemehtsoh', Circuit Judge. This is an action brought to partition eighty acres of land in which plaintiff claims to own an undivided one-half interest; also to enforce a lien for $569.13 on the other undivided half interest. The.defense was that the plaintiff had no interest in the land.
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Appeal from a judgment of the circuit court for Richland county: GeoRGe Clemehtsoh', Circuit Judge. This is an action brought to partition eighty acres of land in which plaintiff claims to own an undivided one-half interest; also to enforce a lien for $569.13 on the other undivided half interest. The.defense was that the plaintiff had no interest in the land. The decisive question was whether the plaintiff had tendered a sufficient sum to redeem the lands from a mortgage thereon (in the form of a deed) held by the defendant Grant L. Miner. The facts were not substantially in dispute. Albert…
1Opinion of the Court
The following opinion was filed June 17, 1914:
Winslow, C. J.
The whole question of plaintiff’s interest in the premises depends on whether he made a sufficient redemption payment, and this depends on the question whether Bailey became the owner, of the judgment for costs by virtue of his purchase thereof from the Youngs in March, 1912, without notice of the plaintiff’s prior assignment from the Youngs through Vaughan. In other words, is Miner entitled to protection because he paid a part of the judgment to Bailey, who was an innocent purchaser thereof ?
It is urged that if he is not given such…
2Cases cited1 opinion
- Connell v. WelchWisconsin Supreme Court · 1898