Mariner v. Coon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for the recovery of real estate. At the trial below, it was admitted that on the 17th day of June, 1848, the title to the premises in question became and was vested in the defendant Goon.
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APPEAL from the Circuit Court for Milwaukee County. Action for the recovery of real estate. At the trial below, it was admitted that on the 17th day of June, 1848, the title to the premises in question became and was vested in the defendant Goon. The plaintiff then gave in evidence the record of the recovery of a judgment in the district court of the United States for the district of Wisconsin, in favor of Lewis Wilson, a citizen of the state of New York, against the defendant Coon, and Charles James, citizens of the state of Wisconsin, rendered on the 14th day of April, 1852, for the sum of…
1Opinion of the Court
By the Court,
Dixon, C. J.
The question presented by this caséis, whether an execution issued upon a dormant judgment, withont leave of court, is void or only voidable. If void, no sale can be made un ler it, and the purchaser acquires no title, But if voidable, the sale may be valid, notwithstanding the omission to obtain leave. We are of opinion that such an execution is merely voidable, and therefore that no advantage can be taken of the irregularity, except in a direct proceeding to set it aside.
The rule at common law is well known. If the plaintiff failed to take out execution within a…
2Cases cited1 opinion
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
3Cited by9 opinions
- Black v. StateWisconsin Supreme Court · 1902
- Hunt v. LoucksCalifornia Supreme Court · 1869
- Boggess v. HowardTexas Supreme Court · 1874
- Sabin v. AustinWisconsin Supreme Court · 1865
- Selsby v. RedlonWisconsin Supreme Court · 1865
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