842.17(3)
(3) If there are tenants or lienholders who do not consent to sale, the court may order such sale subject to the lien or tenant's interest.
842.17(4)
(4) If a nonconsenting tenant derived his or her interest from less than all of the cotenant owners, a sale may be ordered without the nonconsenting tenant's consent, and the nonconsenting tenant's interest sold; the value of the nonconsenting tenant's interest shall be paid to the nonconsenting tenant from the proceeds of sale owing to the nonconsenting tenant's lessor.
842.17 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.17;
1993 a. 486.
842.18
842.18
Notice and method of sale. The sheriff shall give notice of such sale for the time and in the manner required for sales of real estate on execution. The terms of sale shall be made known at the time thereof, and if the premises consist of distinct lots or parcels they shall be sold separately.
842.18 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.18.
842.19
842.19
Report; confirmation of sale; final judgment. 842.19(1)(1) The sheriff shall promptly report the sale to the court, with a description of the land sold to each purchaser, the name of such purchaser and the price bid by the purchaser.
842.19(2)
(2) If the sale is confirmed, final judgment shall direct the sheriff to execute conveyances pursuant thereto and also direct the application of the proceeds of such sale. The judgment shall order the issuance of a writ of assistance as necessary.
842.19 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.19;
1993 a. 486.
842.20
842.20
Sheriff's deed. Any purchaser receiving a deed from the sheriff or other officer conducting such sale, shall be vested with all the estate, title and interest of all the parties to the action and those claiming under them, to the real estate sold, as indicated in the final judgment of sale.
842.20 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.20.
842.21
842.21
Costs, how paid. Unless the court otherwise directs, the costs of every party to the action, with reasonable attorney fees to be allowed by the court upon notice served personally or by mail, on the parties who are known to be residents of this state, must be deducted from the proceeds of the sale and paid to the party's attorney; but the court may direct the costs of any trial, reference or other proceeding in the action to be paid out of the share of any party in such proceeds or may render judgment against any party therefor.
842.21 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.21;
1993 a. 486,
490.
842.22
842.22
Distribution of proceeds of sale. The proceeds of every sale shall be brought into court by the sheriff with the sheriff's report, and after deducting costs, shall be divided according to provisions of the judgment, or by order of the court among the parties in proportion to their respective rights.
842.22 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.22;
1993 a. 486.
842.23
842.23
Distribution; cancellation of liens. When the amount of the liens upon any undivided shares has been ascertained, the court shall order a distribution of the money pertaining to such shares to be made among the lien creditors according to the priority thereof, respectively; and the clerk of the court shall procure satisfaction thereof to be acknowledged as required by law and cause such lien to be duly satisfied of record, and the expenses thereof shall be paid out of the money realized on the sale of the share which was subject to the lien.
842.23 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.23.
842.24
842.24
Proceedings not to affect whom. The proceedings to ascertain and settle the amount of liens, as herein provided, shall not affect any other party in such action nor delay the paying over or investing the moneys to or for the benefit of any party upon whose interest there does not appear to be any existing lien.
842.24 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.24.
842.25
842.25
Incompetent's share. The share of any ward shall be paid to the general guardian of the ward's estate, except under
s. 880.04 (2).
842.25 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.25;
1993 a. 486.
842.26
842.26
Investment of share of absentee. When a party whose interest has been sold is absent from the state, without legal representatives in this state and has not appeared in the action, or is unknown, or not named in the proceedings, the court shall direct that party's share to be invested in securities, at interest, for the party's benefit until claimed by the party or the party's legal representatives.
842.26 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.26;
1993 a. 486.
842.27
842.27
Security to refund. The court may require any party, before the party receives any share of the moneys arising from such sales, to give security to the satisfaction of such court to refund the party's share, with interest thereon, in case it thereafter appears that such party was not entitled thereto.
842.27 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.27;
1993 a. 486.
842.28
842.28
Securities, how taken. When any security is directed to be taken by the court or any investment to be made, or any security taken by a sheriff on the sale of any real estate, as heretofore directed, except where provision is made for taking the same in the name of any known owner, the bonds, mortgages or other evidences thereof shall be taken in the name of the clerk of the court in whose office the original complaint was filed and the clerk's successors in office, who shall hold the same by virtue of his or her office and shall deliver them to his or her successor.
842.28 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.28;
1993 a. 486.
842.29
842.29
Receipt and application of payments; account. Such clerk shall receive the interest or principal of any sums as they become due and apply or reinvest the same according to the circumstances of the case, as the court directs, and shall, once every year, render to the court an account in writing and on oath of all moneys received by the clerk and of the application thereof.
842.29 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975);
1993 a. 486.
842.30
842.30
Collection of sum invested. Any person interested in any investment under this chapter may, with the leave of the court, prosecute an action to enforce the same in the name of the clerk.
842.30 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975).
842.31
842.31
Statute of limitations not affected. This chapter shall not authorize the revival or prosecution of any claim to lands which would otherwise be barred by the statute of limitations or by the acquiescence of any party having any such claim.
842.31 History
History: 1973 c. 189; Sup. Ct. Order,
67 Wis. 2d 585, 767 (1975).
