842.16 Costs and charges. The judgment shall adjudge that each of the parties, other than the plaintiff, pay a proportion of the costs of the proceedings, to be ascertained by the court; and the proportion of such costs adjudged to be paid by the unknown owners shall be adjudged to be a charge upon the part remaining undivided. Execution may issue for such costs as in other cases and may be levied upon the property of the parties respectively charged therewith, and a sale of the premises allotted to such unknown owner, upon such execution, shall be as valid as if the unknown owner had been named in the proceedings and in such execution. If the complaint is dismissed or the action discontinued, the plaintiff shall be adjudged to pay costs as in other cases. The plaintiff shall also pay the costs when the defendant does not appear, unless the complaint asks partition or sale of all the lands owned by the parties of which partition may be had or unless the defendant is personally served in the action.
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.16; 1993 a. 486.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 842 - Partition of interest in real property.
842.02 - Partition; plaintiffs.
842.03 - Partition when state part owner; service of process.
842.07 - Findings and conclusions; referee.
842.10 - Referee's report; partition not prejudicial.
842.11 - Referee's report; partition prejudicial.
842.13 - Report may be set aside.
842.14 - Judgment of partition.
842.17 - Interlocutory judgment of sale.
842.18 - Notice and method of sale.
842.19 - Report; confirmation of sale; final judgment.
842.22 - Distribution of proceeds of sale.
842.23 - Distribution; cancellation of liens.
842.24 - Proceedings not to affect whom.
842.25 - Share of individual adjudicated incompetent.
842.26 - Investment of share of absentee.
842.28 - Securities, how taken.
842.29 - Receipt and application of payments; account.