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815.59.Contribution when lands of several are sold on execution.

Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 815.59 lets a landowner who pays more than a fair share of a judgment binding several parcels compel contribution from the other landowners, and it fixes the order — most recently conveyed or most recently sold parcels first — in which those other parcels must contribute.

Full Text of Section 815.59

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(1) When lands of several persons shall be liable to satisfy any final judgment and the whole of such judgment or more than a due proportion thereof shall be paid by one of such persons or shall be levied upon the lands of any one or more of such persons, the persons so aggrieved or their personal representatives may compel a just contribution by all the persons whose lands ought to contribute to said satisfaction.
(2) Such lands are liable to contribution in the following order:
(a) If they were conveyed by the defendant in the execution, they are liable in succession, commencing with the lands last conveyed.
(b) If they were sold under execution against the defendant, they are liable in succession, commencing with the lands sold under the youngest judgment.
(c) If there be lands so liable, which were conveyed by the defendant in execution, and also lands which were sold under execution against the defendant the lands are liable in succession, according to the order herein prescribed.

Plain-English Summary

A single judgment can attach to land owned by several different people. Section 815.59 addresses what happens when one of those owners ends up carrying more than a fair share of the burden, either by paying the whole judgment or more than a due proportion of it, or by having it levied on their land. That owner, or the owner’s personal representatives, may compel the other owners whose land ought to share the load to contribute their part.

The section then sets the order in which parcels become liable to contribute. If the lands were conveyed away by the original judgment defendant, they are liable in succession starting with whichever parcel was conveyed last. If the lands were instead sold under execution against the defendant, they are liable in succession starting with the parcel sold under the youngest judgment. And where both kinds of lands exist — some conveyed, some sold under execution — the section applies both rules together, in the order it prescribes.

This sequencing matters because it decides which landowner gets pursued first when contribution is sought, rather than leaving every liable parcel equally exposed at once.

Frequently Asked Questions

What can I do if I paid more than my share of a judgment that also bound other people’s land?

Section 815.59 lets you, or your personal representatives, compel a just contribution from the owners of the other lands that ought to have contributed to satisfying the judgment.

In what order do other parcels have to contribute?

Section 815.59 says lands conveyed by the original defendant are liable in succession starting with the land conveyed last, and lands sold under execution against the defendant are liable in succession starting with the land sold under the youngest judgment.

What if some of the land was conveyed and other land was sold under execution?

Section 815.59 applies both rules together, following the order the section prescribes for each category.

Does having my land levied on count the same as paying the judgment myself for purposes of this section?

Yes. Section 815.59 treats a person aggrieved either by paying more than a due proportion or by having the judgment levied on their land as entitled to compel contribution.

How do I go about collecting this contribution?

Section 815.61 sets out the procedure for bringing an action to compel the contribution that section 815.59 creates a right to.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.59; 1993 a. 486.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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