Davis v. Steeps
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This action was brought to obtain a perpetual injunction restraining the defendant Franla Steeps, who had recovered a judgment against one Edward Davis for $61.04, docketed in the office of the clerk of the circuit court of Winnebago county January 4, 1889, and the defendant Eloeokn&r, as sheriff of Winnebago county, from selling the premises described in the complaint on execution issued out of said court upon said judgment.
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APPEAL from the County Court of Winnebago County. This action was brought to obtain a perpetual injunction restraining the defendant Franla Steeps, who had recovered a judgment against one Edward Davis for $61.04, docketed in the office of the clerk of the circuit court of Winnebago county January 4, 1889, and the defendant Eloeokn&r, as sheriff of Winnebago county, from selling the premises described in the complaint on execution issued out of said court upon said judgment. One E. A. Davis, of Oshkosh, Wis., acquired the legal title to the lot in question November 21, 1887, by a warranty…
1Opinion of the CourtPinney, J.
There is no ground for claiming that the plaintiff had actual notice of the existence of any judgment lien against the property of her grantor, or of any facts and circumstances sufficient to put her on inquiry in that behalf. The abstract of title was furnished by and on behalf of her vendor; and Mr. Powers, who prepared it, and in so doing discovered that there was a judgment docketed against Edward Davis, was not the agent of the plaintiff for any purpose connected with the sale and conveyance of the lot. Hence, there can be but one ground for affecting the plaintiff with notice of the…
2Cases cited5 opinions
- Wood v. ReynoldsSupreme Court of Pennsylvania · 1844
- Johnson v. HessIndiana Supreme Court · 1890
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Dutton v. SimmonsSupreme Judicial Court of Maine · 1876
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1888
3Cited by14 opinions
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- Huff v. SweetserCalifornia Court of Appeal · 1908
- Wicker v. JenkinsCourt of Appeals of Texas · 1908
- Turk v. BensonNorth Dakota Supreme Court · 1915
- Poulos v. Lyman Bros.Montana Supreme Court · 1922
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