Atkinson v. Richardson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boeh County. contended that the order of the circuit court directing the purchaser to pay the amount of the purchase money was simply an order, and not a judgment (15 Wis., 594, 59: E. S., ch. 140, sec. 28 ; compare ch. 187); that by the practice in England, New York and this state, such an order is to be enforced by imprisonment as for a contempt (1 Barb.
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APPEAL from the Circuit Court for Boeh County. contended that the order of the circuit court directing the purchaser to pay the amount of the purchase money was simply an order, and not a judgment (15 Wis., 594, 59: E. S., ch. 140, sec. 28 ; compare ch. 187); that by the practice in England, New York and this state, such an order is to be enforced by imprisonment as for a contempt (1 Barb. Ch. Pr., 586 ; 2 id., 270-72; People v. Bennett, 4 Paige, 282; Patríele v. Warner, id., 897; Lansdown v. Mderton, 14Vesey, 512; Wilkins v. Stevens, 19 id., 117); that this practice is retained in New York…
1Opinion of the Court
By the Court,
Dixow, C. J.
The past history of these cases will be found in 14 Wis., 157, and 15 id., 594. It was formerly decided that the purchaser of property sold under a decree of the court of chancery, becomes a quasi party to the cause, so far as relates to the rights and duties properly appertaining to his purchase under the decree, and that the court has jurisdiction, upon motion or petition in the action, to compel him to pay the amount of his bid. This principle is settled beyond all cavil or doubt, as will appear from an examination of the following authorities: Cunningham v.…
2Cases cited4 opinions
- Clarkson v. ReadSupreme Court of Virginia · 1859
- Executors of Brasher v. CortlandtNew York Court of Chancery · 1817
- Coffey v. CoffeyIllinois Supreme Court · 1854
- Ogilvie v. RichardsonWisconsin Supreme Court · 1861
3Cited by2 opinions
- Webb v. NickersonOregon Supreme Court · 1884
- Swank v. ElwertOregon Supreme Court · 1910