Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 12

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 edition. Excerpt: ... the defendant, ought the plaintiff to be allowed to abandon the entire object of his suit, and take a judgment such as he might be entitled to under the contract? We think not For that might have been a liability that the defendant never would have contested. And the same is true here. If the plaintilf desires to proceed under the statute, he should commence for that purpose. The judgment must be aflirmed, with costs. LANE and another vs. W'11ITE. Where property was ofl'ered for snle by a sherifl' under a judgment of foreclosure, and struck ofi' to a person who bid by the direction of the plaintifi"s attorney, and who showed the sherifl' a note from said attorney, stating that the bid was satisfactory to him, and that he would give a receipt to the sherifl' for the amount: Held, That although the sherifi might have demanded his fees in advance, yet, not having done so, he had no right to disregard the bid, and proceed to re-sell the property, because such bidder was not prepared at the moment to pay his fees and disbursements. APPEAL from the Circuit Court for Fond (Z11. Lac County. This was an appeal from an order of confirmation of a. sheriff 's sale of land under a judgment of foreclosure. The objections made to the confirmation, are stated in the opinion of the court R. P. Eaton, for the appellants, contended that the sherifi' was bound by his instructions as to the sale (2 Paige, 99; 3 id., 339; 11 Wend., 329--331); and having been duly informed that the plaintiffs were satisfied with the sale to Loomis, had no right to ignore that sale and re-sell at a sacrifice, before giving the plaintiffs' attorney notice, and time to pay his costs, 9 Paige, 259; 13 Wend, 226. E. S Bragg, contra. By the Court, PAINE, J. We...show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236917669
  • 9781236917669