Berger v. Berger
Wisconsin Supreme Court
Appeal from an order of the circuit court for Columbia county: R. G-. Siebeokbr, Circuit Judge. Action to have unpaid purchase money of lands adjudged to he an equitable lien thereon.
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Appeal from an order of the circuit court for Columbia county: R. G-. Siebeokbr, Circuit Judge. Action to have unpaid purchase money of lands adjudged to he an equitable lien thereon. The complaint states that plaintiff, being the owner of an undivided- interest in land described, sold such interest to Leo Berger for $400, payable April 12, 1894, with interest thereon at the rate of six per cent, per annum; that subsequently Berger died, leaving a widow and children, the defendants in this action; that the property has not been paid for; that Leo Berger, from the time he purchased the…
1Opinion of the CourtMaeshall, J.
It is conceded that, ordinarily, a vendor of real estate has an equitable right to a lien upon the subject of the sale for unpaid purchase money. Tobey v. McAllister, 9 Wis. 463; Wickman v. Robinson, 14 Wis. 493. Also that the death of the grantee does not extinguish the right of lien; that notwithstanding such circumstance, such right may be enforced against the widow and heirs at law of the -deceased vendee. Crowe v. Colbeth, 63 Wis. 643. It is contended by the appellants, however, that such rule does not apply to a homestead, because as to such property the common-law rule has, by…
2Cases cited7 opinions
- Carey v. BoyleWisconsin Supreme Court · 1881
- Tobey v. McAllisterWisconsin Supreme Court · 1859
- Wickman v. RobinsonWisconsin Supreme Court · 1861
- Bridge v. WardWisconsin Supreme Court · 1874
- Upman v. Second Ward BankWisconsin Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mellen Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1913
- Wilson v. Plutus Mining Co.Court of Appeals for the Eighth Circuit · 1909
- Hall v. Bank of BaldwinWisconsin Supreme Court · 1910
- Hecht v. AnthonySupreme Court of Minnesota · 1939
- Hoesly v. HoganWisconsin Supreme Court · 1939
8 more not listed; retrieve them via the Exa API.