Barth v. Graf
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. This is a contest for priority between, attaching creditors of real estate.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JOHNSON, Circuit Judge. This is a contest for priority between, attaching creditors of real estate. The plaintiff, claiming title under a sheriff’s deed based upon a junior attachment, followed by a judgment, execution, and sale, brings this bill in equity to restrain the defendants from making sale of the real estate under an execution and judgment based upon a prior attachment, and to set aside the levy under that attachment and the lien of such judgment as a cloud upon the plaintiff’s title. The facts in regard to the…
1Opinion of the CourtCassoday, C. J.
1. As indicated, the defendants claim a lien upon the land in question under and by virtue of an attachment levied thereon July 26, 1893; and the plaintiff claims title to the same land under and by virtue of an attachment levied thereon August 10,1893, and the subsequent judgment, execution, sale, and sheriff’s deed of the same. The defendants contend, however, that the plaintiff’s attachment was issued in an action sounding in tort, without the statutory' ground for the same being alleged. Although, as. *35indicated, it is alleged, in effect, that Koetting fraudulently drew the money from the…
2Cases cited40 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Conner v. . ReevesNew York Court of Appeals · 1886
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Norden v. JonesWisconsin Supreme Court · 1873
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3Cited by18 opinions
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- Morgan's Louisiana & T. R. & S. S Co. v. StewartSupreme Court of Louisiana · 1907
- Momsen v. NoyesWisconsin Supreme Court · 1900
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