Atchison v. Rosalip
Wisconsin Supreme Court
ERROR to the Circuit Court for Grant County. This was an action of ejectment brought against Rosalip & Thiers for certain lands in Grant County by Caroline V. Atchi-son, John 8. Atchison and Charles B. Atchison, claiming as heirs at law of John Atchison, deceased, in whom it was proved that the legal title was vested March 10, 1848. The defendants claimed title by virtue of a sheriff’s sale upon an execution issued upon an alleged judgment rendered against the plaintiffs ’…
Read the full summary
ERROR to the Circuit Court for Grant County. This was an action of ejectment brought against Rosalip & Thiers for certain lands in Grant County by Caroline V. Atchi-son, John 8. Atchison and Charles B. Atchison, claiming as heirs at law of John Atchison, deceased, in whom it was proved that the legal title was vested March 10, 1848. The defendants claimed title by virtue of a sheriff’s sale upon an execution issued upon an alleged judgment rendered against the plaintiffs ’ ancestor, John Atchison, in justice’s court, in favor of one Baker, a transcript whereof had been filed and docketed in…
1Opinion of the CourtHubbell, C. J.
The defendants in error claim title to a large amount of real estate under a sheriff’s deed. To establish that title in the court below, it was necessary to show a valid judgment, an execution issued thereon, and a sale by the sheriff. The principal question discussed before us was whether a valid judgment had been shown in the district court *291from which the execution issued. The docket of the late district court of Grant county was produced in evidence, and the defendants in error offered to read from it the entry of a judgment by transcript, in the following words:
“ Enos S. Baker v. John…
2Cases cited4 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Griffith v. FrazierSupreme Court of the United States · 1814
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Jackson ex dem. Witherell & Hyde v. JonesNew York Supreme Court · 1828
3Cited by2 opinions
- Middleton Paper Co. v. Rock River Paper Co.U.S. Circuit Court for the District of Western Wisconsin · 1884
- Williams v. RiceSouth Dakota Supreme Court · 1894