Meehan v. Blodgett
Wisconsin Supreme Court
Appeal from an order of the circuit court for Portage county: Chas. V. BabdeeN, Circuit Judge. Motion by James Meehan for a writ of assistance, and to obtain a lien on money deposited to redeem from a foreclosure sale. On the 4th day of December, 1889, the plaintiff obtained a judgment of foreclosure and sale in an action to enforce a mortgage upon land in Portage county, Wis.
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Appeal from an order of the circuit court for Portage county: Chas. V. BabdeeN, Circuit Judge. Motion by James Meehan for a writ of assistance, and to obtain a lien on money deposited to redeem from a foreclosure sale. On the 4th day of December, 1889, the plaintiff obtained a judgment of foreclosure and sale in an action to enforce a mortgage upon land in Portage county, Wis. In due time the mortgaged premises were sold under the judgment to the plaintiff for $815, and a sheriff’s deed was executed to him, under which he took possession of the land and held it until March, 1893. Defendant…
1Opinion of the CourtMaRshall, J.
The money deposited with the clerk to redeem the mortgaged premises was rightly withdrawn before the motion was made to obtain a lien thereon; and therefore, if such lien could in any event have been obtained, the motion came too late and was properly denied. The writ of assistance was properly denied upon the ground that the sale had not yet been confirmed. Loomis v. Wheeler, 18 Wis. 524, is cited by counsel for appellant to the point that the *65denial of tbe motion to set aside a sale is equivalent to a •confirmation, but an examination of tbe case fails to disclose that any such question was…
2Cases cited3 opinions
- Welp v. GuntherWisconsin Supreme Court · 1880
- Wœhler v. EndterWisconsin Supreme Court · 1879
- Loomis v. WheelerWisconsin Supreme Court · 1864