Collins v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie Count}?-. The plaintiff, A. L. Collins, recovered judgment in the circuit court of Outagamie county against the defendants, Frederick H. and William Smith. on June 23, 1877, for $998.40. A transcript of such judgment was duly filed in the office of the clerk of the circuit court of Shawano county on June 26, 1878. Execution was issued on such judgment to the sheriff of Shawano county, May 14, 1881. Real and personal prop-ert}? was…
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APPEAL from the Circuit Court for Outagamie Count}?-. The plaintiff, A. L. Collins, recovered judgment in the circuit court of Outagamie county against the defendants, Frederick H. and William Smith. on June 23, 1877, for $998.40. A transcript of such judgment was duly filed in the office of the clerk of the circuit court of Shawano county on June 26, 1878. Execution was issued on such judgment to the sheriff of Shawano county, May 14, 1881. Real and personal prop-ert}? was sold under such execution, and the process was returned November 7, 1881, satisfied to the amount of $991.85, and…
1Opinion of the CourtLyon, J.
The grounds upon which the defendants seek to set aside the proceedings under the execution of January 20, 1887, are: (1) The execution was improperly issued by the plaintiff after he had assigned the judgment to another; (2) the sale under such execution was made more than ten years after the judgment was docketed, and hence the real estate of the defendants could not lawfully be sold on execution to satisfy the judgment; and (3) the price for which the lands were sold is grossly inadequate. These objections to the validity of the execution and sale will be considered in their order.
1. While…
2Cases cited1 opinion
- Holmes v. McIndoeWisconsin Supreme Court · 1866
3Cited by7 opinions
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- Wilson v. CraiteWisconsin Supreme Court · 1973
- Kissinger v. ZiegerWisconsin Supreme Court · 1909
- Shipley v. ShamwellCourt of Appeals for the D.C. Circuit · 1914
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