McDonald v. Byrnes
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dodge county: MaetiN L. Lueoe, Circuit Judge. The question presented here is simple and requires no detailed statement of facts. The action is partition. The trial court decided that the land could not be actually partitioned among the various owners without injury, and made an order of sale. ’The land consisted of three forty-acre parcels lying •contiguous to each other.
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Appeal from an order of the circuit court for Dodge county: MaetiN L. Lueoe, Circuit Judge. The question presented here is simple and requires no detailed statement of facts. The action is partition. The trial court decided that the land could not be actually partitioned among the various owners without injury, and made an order of sale. ’The land consisted of three forty-acre parcels lying •contiguous to each other. By mistake of the scrivener the notice of sale left out one of the forties and inserted another forty which was not owned by the parties. The sale was held, and the appellants,…
1Opinion of the Court
Winslow, O. J.
We are clearly of opinion that the court should not have imposed the condition. The notice of sale is an essential link in the chain of title. In the present case a part of the land was entirely omitted from the notice and a parcel of foreign land included. The notice described substantially a different tract of land from that ordered to be sold. It is unnecessary to hold that the sale was void on account of the failure to give the statutory notice, although that would seem to be the necessary effect of the decision in Collins v. Smith, 57 Wis. 284, 15 N. W. 192. Certain it is…
2Cases cited2 opinions
- Kremer v. ThwaitsWisconsin Supreme Court · 1900
- Collins v. SmithWisconsin Supreme Court · 1883
3Cited by1 opinion
- Barnard v. CoatesWisconsin Supreme Court · 1965