Goodell v. Blumer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Vernon County. This action was brought in said court, in October, 1871, to set aside a levy upon certain lands alleged to belong to the plaintiff, made by the defendant Goe, as sheriff, under an execution upon a judgment in favor of the defendant JBlumer, against Samuel Stout and C. Stout, and also to restrain the defendants from selling the lands upon the said judgment, on the ground that the sheriff’s certificate of sale or deed will be a…
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APPEAL from the Circuit Court for Vernon County. This action was brought in said court, in October, 1871, to set aside a levy upon certain lands alleged to belong to the plaintiff, made by the defendant Goe, as sheriff, under an execution upon a judgment in favor of the defendant JBlumer, against Samuel Stout and C. Stout, and also to restrain the defendants from selling the lands upon the said judgment, on the ground that the sheriff’s certificate of sale or deed will be a cloud on plaintiff’s title. At a general term of the circuit court for La Crosse county (which, by the law as it then…
1Opinion of the CourtCole, J.
It is objected by the learned counsel for the defendants below, that the complaint fails to state a canse of action under sec. 29, ch. 141, R. S. The action is not brought under that provision of the statute, but is founded upon the inherent power of a court of equity to prevent or remove a cloud upon the title to real estate. It is stated in the bom-plaint that the defendant Ooe, acting as sheriff, has levied upon the real estate described therein, by virtue of an execution in favor of his codefendant and against Samuel Stout and 0. Stout, and that he is proceeding to sell the property to…
2Cases cited4 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Hathaway v. BaldwinWisconsin Supreme Court · 1864
- Hills v. PassageWisconsin Supreme Court · 1867
3Cited by25 opinions
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Love v. CavettSupreme Court of Oklahoma · 1910
- Barber Asphalt Paving Co. v. HamiltonWashington Supreme Court · 1914
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