Legal Opinion

Hoyt v. Howe

Wisconsin Supreme Court

Decided June 15, 1854PublishedCited by 18 opinions

The appellant in this case, a resident of the city of New York, filed his "bill of complaint in the Circuit Court of Rock county, alleging that on the 6 th day of September, 1852, and for some time previous thereto, one Erastus Quivey, of the county of Rock, was the legal and equitable owner of a certain piece of land in Rock county, describing the same.

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The appellant in this case, a resident of the city of New York, filed his "bill of complaint in the Circuit Court of Rock county, alleging that on the 6 th day of September, 1852, and for some time previous thereto, one Erastus Quivey, of the county of Rock, was the legal and equitable owner of a certain piece of land in Rock county, describing the same. That the said Quivey, after becoming the owner of said premises, engaged in the mercantile business with one John "W. Evans, and the two became largely indebted on claims and demands for goods purchased on credit in the city of New York, for…

1Opinion of the Court

By the Court,

Wiixtox, C. J.

A majority of the court is of the opinion that the decree of the Circuit Court is right, and must be affirmed.

The case depends entirely upon the construction to be given to our statutes relative to the effect of-] 'the judgment of courts of record upon the land of the debtor, and relative to the exemption of land from forced sale on execution. The statutes are as follows :

“ All judgments hereafter rendered in any court of record shall bind and be a charge upon ? the lands tenements, real estate and chattels real, in every county where the record, or a certified…

2Cited by18 opinions

  1. Jarvais v. MoeWisconsin Supreme Court · 1875
  2. Godfrey v. ThorntonWisconsin Supreme Court · 1879
  3. Kitterlin v. Milwaukee Mechanic's Mutual InsuranceIllinois Supreme Court · 1890
  4. Gray v. DealSupreme Court of Oklahoma · 1915
  5. Seamans v. CarterWisconsin Supreme Court · 1862

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