Goit in the Suit of Knapp v. Dickerman
Wisconsin Supreme Court
APPEAL from tbe County Court of Ozauhee County. Knapp obtained a judgment of foreclosure and sale of mortgaged premises, against one Diekerman (tbe mortgagor) and bis wife, one Hoyt and bis wife, and one Whipple, said Hoyt and Whipple being made defendants as subsequent incum-brancers.
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APPEAL from tbe County Court of Ozauhee County. Knapp obtained a judgment of foreclosure and sale of mortgaged premises, against one Diekerman (tbe mortgagor) and bis wife, one Hoyt and bis wife, and one Whipple, said Hoyt and Whipple being made defendants as subsequent incum-brancers. Whipple did not appear to tbe action, and tbe only evidence of service of tbe summons upon him was an acceptance of service in bis name “ by bis attorney in fact, C. L. DickermAN,” purporting to be by virtue of a power of attorney recorded in tbe office of tbe register of deeds of said county in a specified…
1Opinion of the CourtCole, J.
It appears that tbe writ of assistance was issued by tbe clerk on tbe application of tbe attorney for tbe plaintiff' in tbe foreclosure proceedings, without notice to tbe persons h> be affected thereby, and without any order of tbe court or judge granting tbe writ. Now, while it is held in New York, under tbe code, that after a judgment of foreclosure directing that tbe purchaser be let into the possession, and after a sale-of tbe premises, tbe purchaser, on proof that be has exhibited tbe sheriff’s deed, &c., and demanded possession, may have an ex parte order for a writ of assistance…
2Cited by12 opinions
- Carrier v. StateIndiana Supreme Court · 1949
- Burgett v. StateIndiana Court of Appeals · 1974
- Gaines v. StateIndiana Supreme Court · 1921
- Holding v. StateIndiana Supreme Court · 1963
- Landon v. BurkeWisconsin Supreme Court · 1874
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