Babcock v. Perry
Wisconsin Supreme Court
APPEALED PROM CIRCTJIT COT7RT, WALWORTH COUNTY. This case is fully reported in 4 Wis. 31, upon an order to set aside the order defaulting the defendant Perry, and to let in his answer, and vacating all proceedings subsequent; and which order was reversed in this court. At the January term, 1856, the complainant renewed his motion for the confirmation of the report of sale.
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APPEALED PROM CIRCTJIT COT7RT, WALWORTH COUNTY. This case is fully reported in 4 Wis. 31, upon an order to set aside the order defaulting the defendant Perry, and to let in his answer, and vacating all proceedings subsequent; and which order was reversed in this court. At the January term, 1856, the complainant renewed his motion for the confirmation of the report of sale. The motion was again resisted by the defendant Perry, upon the affidavits of William H. Pettit and P. S. Carver, which are as follows: William H. Pettit being duly sworn, says that he was the clerk of the circuit court of…
1Opinion of the Court
*283 By ihe Court,
Smith J.
We do not see how, agreeably to the established rules of equity practice, the order of the court below can be sustained. The suit was commenced August 21st, 1852; the defendants were all personally served with process, and purposely made default; permitted a final decree to be made, and proof as to the mode of sale, whether in parcels or in whole, and voluntarily took their chance of protecting their rights at the sale. The appellant attended the sale, and there had ample opportunity to secure his own rights in the premises.
It is unnecessary to recapitulate the facts in…
2Cases cited1 opinion
- Babcock v. PerryWisconsin Supreme Court · 1856
3Cited by4 opinions
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