Legal Opinion

Hailey v. Zacharias

Wisconsin Supreme Court

Decided June 28, 1968No. 326PublishedCited by 4 opinions

1Opinion of the CourtRobert W. Hansen, J.

Wisconsin statutes provide that in any action where the complaint contains a legal description of real estate and seeks relief in respect to the title thereto, plaintiff shall file a Us pendens. The early version of the statute made filing of the Us pendens notice permissive, 2 except in mortgage foreclosure actions where it was required. 3 In 1955, the law was amended to require the Us pendens filing in all actions involving real estate. 4 In a condemnation case, this court has stated that the Us pendens is intended for the benefit of persons acquiring the property or some interest therein…

2Cases cited5 opinions

  1. Berliner v. Town of WaterlooWisconsin Supreme Court · 1861
  2. Lange v. KennedyWisconsin Supreme Court · 1866
  3. McBride v. WrightWisconsin Supreme Court · 1889
  4. Pennefeather v. City of KenoshaWisconsin Supreme Court · 1933
  5. State ex rel. Fuller v. Circuit Court for Waukesha CountyWisconsin Supreme Court · 1900

3Cited by4 opinions

  1. Belleville State Bank v. SteeleWisconsin Supreme Court · 1984
  2. Gaugert v. DuveWisconsin Supreme Court · 2001
  3. Zapuchlak v. HucalWisconsin Supreme Court · 1978
  4. Carolina Builders Corp. v. DietzmanCourt of Appeals of Wisconsin · 2007

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