Vesper v. Farnsworth
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Tbis action was brought under cb. 142 of tbe revised statutes, for tbe partition of lands owned in common by certain of tbe parties. After tbe usual judgment for partition pursuant to sec. 20 of said chapter, tbe reference directed in sec. 22 was made, and tbe referee reported that partition of tbe lands might easily be made without prejudice to tbe owners.
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APPEAL from tbe Circuit Court for Dodge County. Tbis action was brought under cb. 142 of tbe revised statutes, for tbe partition of lands owned in common by certain of tbe parties. After tbe usual judgment for partition pursuant to sec. 20 of said chapter, tbe reference directed in sec. 22 was made, and tbe referee reported that partition of tbe lands might easily be made without prejudice to tbe owners. Afterwards tbe court sent tbe matter back to tbe referee for a more specific and detailed report of tbe condition and situation of tbe lands, and in due time tbe referee filed a supplemental…
1Opinion of the CourtLyon, J.
I. The order of sale is clearly appealable under sec. 71, ch. 142, R. S., and, without that section, would be appealable under the general appeal law. Tay. Stats., 1685, § 11, subd. 4. For an order in a partition action which directs a sale of the premises instead of a partition thereof amongst the owners, affects substantial rights, and evidently involves the merits of the action. In this particular action the order disposes of the whole controversy.
II. We cannot doubt the power of the circuit court to order a sale of the premises, if it is made to appear that partition thereof cannot be…
2Cases cited1 opinion
- Tucker v. TuckerNew York Supreme Court · 1838
3Cited by15 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Schnell v. SchnellNorth Dakota Supreme Court · 1984
- Boltz v. BoltzCourt of Appeals of Wisconsin · 1986
- Idema v. ComstockWisconsin Supreme Court · 1907
- Williamson Investment Co. v. WilliamsonWashington Supreme Court · 1917
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