Ott v. Rape

Decided June 15, 1869

Wisconsin Supreme Court · decided 1869-06-15

Ejectment, against Rape and Gilbert. Gilbert alone answered. The facts, as found by the court, were substantially as follows: In April, 1865, Ott, having a judgment against Rape for about $66, had the land here in dispute, wMcli then belonged to Rape, sold under an execution upon said judgment, and himself bid it off for the amount of the execution debt, and received the usual certificate of sale.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-15

How this case has been cited

Cited by 5 later decisions — most recently September 1937

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dixon, C. J.

¶1In this case we unhesitatingly adopt the conclusion of the court of appeals of Kentucky under like circumstances (Southard v. Pope's Ex'r, 9 B. Monroe, 264, 265), and hold that the plaintiff, by accepting a part of the purchase-money for which the land was sold, waived his right to enforce a forfeiture of the equity of redemption according to the terms of the certificate of sale, which he held, and thereby converted the certificate, and his interest in the land under it, into a mere lien or security for the payment of the balance of the purchase-money.

¶2By the Qourt. — The judgment of the circuit court is affirmed.