Main v. Bosworth
Wisconsin Supreme Court
APPEAL from tie Circuit Court for Outagcumie County. The action is in equity to remove a cloud upon the title to certain lands of the plaintiff. The case is as follows: On December 31, 1888, the plaintiff, W. D. Main, then being the owner of a certain parcel of land in Outagamie county, which he occupied as his homestead, conveyed the same by deed of warranty to his brother, Gilbert S. Main. Such, conveyance is absolute on its face. The wife of the plaintiff joined therein.
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APPEAL from tie Circuit Court for Outagcumie County. The action is in equity to remove a cloud upon the title to certain lands of the plaintiff. The case is as follows: On December 31, 1888, the plaintiff, W. D. Main, then being the owner of a certain parcel of land in Outagamie county, which he occupied as his homestead, conveyed the same by deed of warranty to his brother, Gilbert S. Main. Such, conveyance is absolute on its face. The wife of the plaintiff joined therein. The conveyance was executed without consideration, pursuant to a parol agreement between the parties thereto that the…
1Opinion of the CourtLvorr, J.
If the judgment of the appellants became a hen upon the land in question on filing the transcript thereof in Outagamie county, it was only a lien upon the actual interest therein of Gilbert S. Main, the judgment debtor. Hence it is necessary to determine what that interest was. This question is not affected by the registry laws, for a judgment creditor who purchases at his own execution sale in satisfaction of his judgment takes only the actual interest *664of the judgment debtor in the land so purchased, without regard to the state of the record title. The lien of a judgment which the statute…
2Cases cited3 opinions
- Karr v. WashburnWisconsin Supreme Court · 1882
- Goodell v. BlumerWisconsin Supreme Court · 1877
- First National Bank v. BertschyWisconsin Supreme Court · 1881
3Cited by14 opinions
- Davenport v. StephensWisconsin Supreme Court · 1897
- Begole v. HazzardWisconsin Supreme Court · 1892
- Blaha v. BorgmanWisconsin Supreme Court · 1910
- Stanhilber v. GravesWisconsin Supreme Court · 1897
- Schumacher v. DraegerWisconsin Supreme Court · 1909
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