Manning v. Heady
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Tte action was brought under sec. 3186, R. S., to remove •a cloud from tbe title to twenty acres of land in Jefferson county, and to enjoin the execution of a deed thereof by the sheriff of said county to the defendant Ilenry Heady, under a certificate of sale issued to said defendant upon an execution sale. The land in question formerly belonged to Green Manning.
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APPEAL from tbe Circuit Court for Jefferson County. Tte action was brought under sec. 3186, R. S., to remove •a cloud from tbe title to twenty acres of land in Jefferson county, and to enjoin the execution of a deed thereof by the sheriff of said county to the defendant Ilenry Heady, under a certificate of sale issued to said defendant upon an execution sale. The land in question formerly belonged to Green Manning. The plaintiff, Haney Manning, was in possession thereof at the time of commencing the action, and claimed title thereto under and by virtue of a judgment of divorce rendered in her…
1Opinion of the Court
The following opinion was filed October 13, 1885:
Cole, 0. J.
If the court never acquired jurisdiction of the defendant in the action of McCune v. Manning, the judgment in the case must be affirmed. For, aside from all questions of homestead rights, the decree of divorce transferred and vested the title to the twenty acres of land in dispute in the plaintiff; she is therefore in a position to assail the validity of that judgment and the sale under it, and is entitled to the relief granted, if it is void. The inquiry, then, is as to the validity of the judgment in the McOune suit. At the time of…
2Cases cited4 opinions
- Cummings v. TaborWisconsin Supreme Court · 1884
- Weatherbee v. WeatherbeeWisconsin Supreme Court · 1866
- Keeler v. KeelerWisconsin Supreme Court · 1869
- Storm v. AdamsWisconsin Supreme Court · 1882
3Cited by8 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Grignon v. BlackWisconsin Supreme Court · 1890
- Witt v. MeyerWisconsin Supreme Court · 1887
- Beaupre v. BrighamWisconsin Supreme Court · 1891
- Roosevelt v. Land & River Co.Wisconsin Supreme Court · 1901
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