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Conflict of Laws Keyed to Brilmayer
Kalb v. Feuerstein
Citation:
308 U.S. 433 (1940)Facts
Plaintiffs, Ernest Newton Kalb and his wife, were farmers in Wisconsin. On March 7, 1933, mortgagee and Defendant, Feuerstein, began foreclosure proceedings on the Kalb’s farm in the Walworth County Court. On April 21, 1933, the county court entered a judgment of foreclosure. During the foreclosure proceedings, in October 1934, the Kalb’s filed a petition under the Bankruptcy Act (the Frazier-Lemke Act) in bankruptcy court for an extension of time to pay their debts. The county court did not order a stay of foreclosure at that time. On July 20, 1935, the property was sold in a sheriff’s sale. On September 16, 1935, the Walworth County Court granted Feuerstein’s motion for confirmation of sale. On December 16, 1935, Feuerstein, who had purchased the property at the sheriff’s sale, obtained a writ of assistance from the state court. On March 12, 1936, the sheriff executed the writ by ejecting the Kalbs from the mortgaged farm.
After the Kalbs were ejected from their farm, they brought suit in the Circuit Court of Walworth County against Feuerstein for restoration of possession, cancellation of the sheriff’s deed, and removal of Feuerstein from the farm. Demurrer was sustained for failure to state a cause of action, and the complaint was dismissed. The Supreme Court of Wisconsin affirmed.
Ernest Newton Kalb brought a second suit against Feuerstein, the sheriff, and the County Court judge who confirmed the foreclosure sale, seeking damages for conspiracy to deprive Kalb of possession, for assault and battery, and for false imprisonment. Demurrer was likewise sustained. The Supreme Court of Wisconsin affirmed.
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