Wœhler v. Endter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Replevin. Plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. 1. The sheriff’s deed should have been admitted in evidence. Sec. 3, ch. 143, Laws of 1877, which controlled the sale, declares that “ the mortgaged premises shall not be sold till one year from the date of the judgment, .... unless all the parties to an action consent to an earlier sale.”
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APPEAL from the Circuit Court for Outagamie County. Replevin. Plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. 1. The sheriff’s deed should have been admitted in evidence. Sec. 3, ch. 143, Laws of 1877, which controlled the sale, declares that “ the mortgaged premises shall not be sold till one year from the date of the judgment, .... unless all the parties to an action consent to an earlier sale.” (1) The sale was made after the expiration of a full year from the date of the judgment. But it is argued that the legislature intended that the time between the…
1Opinion of the Court
Cole, J".
This is an appeal from a judgment of nonsuit, in an action of replevin to recover possession of certain crops. The plaintiff was the purchaser of the land upon which the crops were growing, at a foreclosure sale made on the 19th day of June, 1878, under a judgment rendered on the 18th of June, 1877. The premises at the time of sale were, and had been for more than two years previous, in the possession of the defendant, under an unrecorded lease given by the mortgagor, subsequent to the mortgage. The defendant was not made a party to the foreclosure suit. On the trial, the plaintiff,…
2Cases cited9 opinions
- Lane v. KingNew York Supreme Court · 1832
- Clark v. BeachSupreme Court of Connecticut · 1826
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Aldrich v. ReynoldsNew York Court of Chancery · 1846
- Crews v. Pendleton & MountcastleSupreme Court of Virginia · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Welp v. GuntherWisconsin Supreme Court · 1880
- Allen v. ElderkinWisconsin Supreme Court · 1885
- Gregory v. RosenkransWisconsin Supreme Court · 1888
- Lyons v. AdelSouth Dakota Supreme Court · 1917
- Kopmeier v. LarkinWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.