Petermann v. Turner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. Judgment of foreclosure and sale was entered in tbis action, ordering the sale of the undivided half of certain premises consisting of a grist mill property, and of four other lots in the village of Port Washington, and directing the sale of the lots separately.
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APPEAL from the Circuit Court for Ozaukee County. Judgment of foreclosure and sale was entered in tbis action, ordering the sale of the undivided half of certain premises consisting of a grist mill property, and of four other lots in the village of Port Washington, and directing the sale of the lots separately. The sheriff, after sale, made report certifying that he had sold three of the lots separately, at $25 each, and the remainder of the premises, including the fourth lot, together as one parcel for $4,550, the purchaser, Petermann, being the plaintiff in the action. The sale, on motion…
1Opinion of the CourtRyAN, C. J.
The sale, with the mill property, of one of the lots ordered to be sold separately, was an irregular execution of the judgment, affecting that lot only, which appears to be of little more than nominal value. It could not injure the sale of the mill property to sell it as a whole, with a lot not belonging to it. It may be doubted whether it ought to have disturbed the sale. Lloyd v. Frank, 30 Wis., 306. But it was cured by the release of the lot from the sale, executed and filed by the respondent, who was the purchaser, before the motion was heard. The respondent had himself set the sale…
2Cases cited1 opinion
- Lloyd v. FrankWisconsin Supreme Court · 1872