Swift v. Agnes
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Ejectment, for a tract of land in the county of Milwaukee containing about twenty-nine acres. The action was tried by the court without a jury, and resulted in a judgment dismissing the complaint with costs. The plaintiffs appeal. The pleadings, proofs and findings of the court disclose the following facts: The defendants are, and for many years have been, husband and wife.
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APPEAL from the County Court of Milwaukee County. Ejectment, for a tract of land in the county of Milwaukee containing about twenty-nine acres. The action was tried by the court without a jury, and resulted in a judgment dismissing the complaint with costs. The plaintiffs appeal. The pleadings, proofs and findings of the court disclose the following facts: The defendants are, and for many years have been, husband and wife. The defendant Every Agnes was the ■ owner and in actual possession of the land in controversy prior to the year 1850, and has continued to occupy the same, either in person…
1Opinion of the CourtLyon, J.
I. The plaintiffs make their title to the land in controversy through the sale thereof by virtue of the execution, and unless that be a valid execution, the sale and conveyance under and by virtue of it are necessarily void, and the plaintiffs have no title to the land. It is claimed on behalf of the defendants that such execution is irregular, defective and void, because: 1. It does not state correctly the day on which the judgment was docketed; 2. It does not command the officer to satisfy the judgment out of the personal property of the debtor, before resorting to his real estate; 3. It…
2Cases cited6 opinions
- Snyder v. WrightWisconsin Supreme Court · 1861
- Bates v. CampbellWisconsin Supreme Court · 1870
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- Metcalf v. GilletSupreme Court of Connecticut · 1824
- Kirkpatrick v. MathiotSupreme Court of Pennsylvania · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Parkison v. ThompsonIndiana Supreme Court · 1905
- Elofrson v. LindsayWisconsin Supreme Court · 1895
- McBride v. WhitakerNebraska Supreme Court · 1902
- Bartlett v. SecorWisconsin Supreme Court · 1883
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
10 more not listed; retrieve them via the Exa API.