Legal Opinion

Lundgreen v. Stratton

Wisconsin Supreme Court

Decided March 17, 1891PublishedCited by 6 opinions

APPEAL from the Circuit Court for Washburn County. The following statement of the case was prepared by Mr. Justice Cassoday: This action, was originally brought by the plaintiff to compel the specific performance of a land contract.

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APPEAL from the Circuit Court for Washburn County. The following statement of the case was prepared by Mr. Justice Cassoday: This action, was originally brought by the plaintiff to compel the specific performance of a land contract. It appears from the record that on the trial of the case-, November 4, 1887, judgment was rendered in favor of the defendant Thomas, and against the plaintiff for $110.16, and that judgment was also rendered in the action in favor of the plaintiff and against the defendant Stratton for $30, both of which judgments were thereupon docketed; that March 12, 1889, the…

1Opinion of the CourtCassoday, J.

’ Mr. Coe was the attorney for Thomas in obtaining the two judgments in his favor and against the *229plaintiff. This gave bim liens upon those judgments for his disbursements and services therein, as against Thomas. Howard v. Osceola, 22 Wis. 453; Bussian v. M., L. S. & W. R. Co. 56 Wis. 337. In recognition and confirmation of those liens,- Thomas assigned both judgments to Coe. Such liens, however, are ordinarily subordinate to superior equities in favor of the adverse party. Yorton v. M., L. S. & W. R. Co. 62 Wis. 375; Bosworth v. Tallman, 66 Wis. 533. But the plaintiff has no such equity by…

2Cases cited4 opinions

  1. Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
  2. Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
  3. Howard v. Town of OsceolaWisconsin Supreme Court · 1868
  4. Bosworth v. TallmanWisconsin Supreme Court · 1886

3Cited by6 opinions

  1. Bull v. BeisekerNorth Dakota Supreme Court · 1907
  2. Inman & Co. v. Elberton Air-Line RailroadSupreme Court of Georgia · 1893
  3. Black v. Whitewater Commercial & Savings BankWisconsin Supreme Court · 1925
  4. Dun v. DietrichNorth Dakota Supreme Court · 1892
  5. Romkey v. BarnesNorth Dakota Supreme Court · 1942

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