Beyer v. Dobeas
Wisconsin Supreme Court
Appeal from, a judgment of tbe circuit court for Pond du Lac county: Chestee. A. Bo week., Circuit Judge. The plaintiffs brought suit in statutory form to foreclose a mortgage on certain lands in Pond du Lac county, alleging the rights of Dobeas and Morrow to be subsequent and subject to the mortgage, which allegation they denied.
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Appeal from, a judgment of tbe circuit court for Pond du Lac county: Chestee. A. Bo week., Circuit Judge. The plaintiffs brought suit in statutory form to foreclose a mortgage on certain lands in Pond du Lac county, alleging the rights of Dobeas and Morrow to be subsequent and subject to the mortgage, which allegation they denied. The facts, mainly without dispute, are that on January 16, 1904, the title to- the land was in the Badger Land & Lumber Company by a conveyance from Cyrus S. ITart, found to be void as-to-creditors. On that date Tibbs, Hutchings & Co. and Priend Bros. Clothing…
1Opinion of the CourtDodge, J.
Dealing first with the appeal of Dobeas, the trial court rested its decision upon the principle, supported by a great array of authority, that when an attaching creditor, by amendment or otherwise, includes in his judgment causes of action other than those secured by his attachment, he will ordinarily be deemed to have waived his attachment, as of -course he has a right to do, and to have elected to accept merely the lien and rights resulting from the judgment, which in Wisconsin, as in most states, consists of a lien on all the interest of the judgment debtor in real estate existing at the…
2Cases cited10 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Boyd v. BevilleTexas Supreme Court · 1898
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Barth v. GrafWisconsin Supreme Court · 1898
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