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SENSENBRENNER v. KEPPLER

24 Wis.2d 679 (1964)

SENSENBRENNER, Plaintiff and Appellant, v. KEPPLER, Defendant: WOLTER, Executrix, Defendant and Respondent.

Supreme Court of Wisconsin.

September 29, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cape & Oberwetter of Milwaukee, and oral argument by Charles W. Cape.

For the respondent there was a brief and oral argument by Albert J. Cirilli of Rhinelander.

FAIRCHILD, J.

1. Timeliness of application. In 1865, this court held that where a judgment debtor was prejudiced by an irregularity in the conduct of a sale on execution, the debtor's remedy was to apply within a reasonable time and have the sale set aside.1

In 1867, the court said:

"Undoubtedly a reasonable time must be some time within the period fixed by the law for...

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