Keyes v. Scanlan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crcrnt County. Action to have a lien upon land under and by virtue of the purchase thereof at an execution sale, established against the claims of the defendant to said land. The substance of the complaint and the facts, as found by the trial court, are stated in the opinion.
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APPEAL from the Circuit Court for Crcrnt County. Action to have a lien upon land under and by virtue of the purchase thereof at an execution sale, established against the claims of the defendant to said land. The substance of the complaint and the facts, as found by the trial court, are stated in the opinion. The action for a divorce, therein, referred to, by the plaintiff against her husband, was com-mencecl in June, 1880, and the judgment therein was rendered September 19, 1881. The purchase of the land in question by the defendant from the plaintiff’s husband was made March 29, 1880. From…
1Opinion of the Court
Cole, O. J.
The last clause of sec. 3186, B. S., provides that any one not having the possession or legal title to land, but being the owner and holder of any lien or incumbrance thereon, has the same right as the owner in fee in possession to institute an action to test the legality and validity of any other claim, lien, or incumbrance on such land, or any part thereof. This action is brought under that clause. It is objected that the complaint states no cause of action, because it does not appear from the facts that the plaintiff had any lien upon the lands described within the meaning of…
2Cited by9 opinions
- Staples v. StaplesWisconsin Supreme Court · 1894
- Going v. GoingTennessee Supreme Court · 1923
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- Michelman v. FryeCalifornia Court of Appeal · 1965
- Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
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