Allen v. Elderkin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The case is sufficiently stated in the opinion. They contended, inter alia, that when the order of confirmation is entered it relates back to the sale, and the purchaser is entitled to have delivered to him the premises in the same condition that they were in on the day of sale, and all crops growing thereon pass to the purchaser. 2 Jones on Mortg. § 1658; Fuller v. Van Geesen, 4 Hill, 171; McLaren v. Hartford F. Ins.
Read the full summary
APPEAL from the Circuit Court for Walworth County. The case is sufficiently stated in the opinion. They contended, inter alia, that when the order of confirmation is entered it relates back to the sale, and the purchaser is entitled to have delivered to him the premises in the same condition that they were in on the day of sale, and all crops growing thereon pass to the purchaser. 2 Jones on Mortg. § 1658; Fuller v. Van Geesen, 4 Hill, 171; McLaren v. Hartford F. Ins. Go. 5 N. Y. 151; Puggles v. First Nat. Bank, 43 Mich. 196. '
1Opinion of the CourtTaylor, J.
This is an action of replevin, for about 131 bushels of oats. The plaintiff and respondent claims title to the oats as purchaser of the lands upon which the same were standing, at a foreclosure sale made on the 12th day of August, 1882. The sheriff’s deed upon such sale was dated on the day of sale; but the order confirming the sale was not made until the 4th of September, 1882. The appellant and defendant claims title to the oats as owner of the mortgaged premises, and the evidence on the trial shows that the *628oats were ripe, and had been cut, threshed, and removed from the mortgaged premises…
2Cases cited4 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Welp v. GuntherWisconsin Supreme Court · 1880
- Wœhler v. EndterWisconsin Supreme Court · 1879
- Loomis v. WheelerWisconsin Supreme Court · 1864
3Cited by12 opinions
- Shuput v. LauerWisconsin Supreme Court · 1982
- Sievers v. BrownOregon Supreme Court · 1899
- In Re LYNCHUnited States Bankruptcy Court, W.D. Wisconsin · 1981
- Gerhardt v. EllisWisconsin Supreme Court · 1908
- Yeazel v. WhiteNebraska Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.