Bunker v. Rand
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Ejectment, for one hundred and forty acres of land in said county. It appeared from plaintiff’s evidence that 120 acres of said land, being three quarters of the southwest quarter of a section, was entered and purchased of the United States, in 1841, by one Gibbs, and the other twenty acres were entered in 1839 by one Clark ; and that a tax deed of the tract first mentioned was executed to one Barker in 1848, and recorded in…
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APPEAL from the Circuit Court for Walworth County. Ejectment, for one hundred and forty acres of land in said county. It appeared from plaintiff’s evidence that 120 acres of said land, being three quarters of the southwest quarter of a section, was entered and purchased of the United States, in 1841, by one Gibbs, and the other twenty acres were entered in 1839 by one Clark ; and that a tax deed of the tract first mentioned was executed to one Barker in 1848, and recorded in the same year. The granting part of the deed is in these words: “ In the name of the Territory of Wisconsin, I, Hollis…
1Opinion of the Court
By the Court,
Cole, J.
There is certainly much force in the position that the statute which requires that lots or parcels of land sold upon execution shall be separately exposed for sale, had no application to the sale made in the case of Bemis v. Rand. It appears that the lands sold on the execution in that case lay in one body, and had been used and occupied as a farm for many years. And as a general rule it may be far more advantageous for the debtor to have property thus situated sold in one body rather than divide it up into parcels. However this may be, still it is very clear that the…
2Cases cited2 opinions
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Addison v. Crow & JarvisCourt of Appeals of Kentucky · 1837
3Cited by7 opinions
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Swift v. AgnesWisconsin Supreme Court · 1873
- City of Atchison v. JansenSupreme Court of Arkansas · 1879
- Northwestern Mortgage Trust Co. v. BradleySouth Dakota Supreme Court · 1897
- Swinney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
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