In all cases where any sale has been made or is hereafter made by any sheriff under or in pursuance of any order, judgment or decree of any court and the sheriff did not, or does not, before the expiration of the sheriff’s term of office, execute a deed to carry the sale into effect, the deed may be executed by the successor of the sheriff in office at the time of the application for the deed, and any deed so executed by any successor of the sheriff making the sale while in office shall have the same effect as though it had been executed by the sheriff making the sale.
840.18.Deeds by sheriffs’ successors.
Ch. 840: Real Property Actions; General Provisions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 840.18 lets a sheriff’s successor in office execute the deed for a judicial sale the outgoing sheriff never completed, and gives that deed the same legal effect as if the original sheriff had signed it.
Full Text of Section 840.18
Plain-English Summary
Section 840.18 addresses a gap left when a sheriff’s term ends before the paperwork on a sale is finished. Where a sale has been made by a sheriff under or in pursuance of a court order, judgment, or decree, and that sheriff did not execute a deed to carry the sale into effect before their term expired, the deed may instead be executed by whoever is the sheriff’s successor in office at the time the deed is applied for.
A deed executed by that successor has the same effect as though the sheriff who made the sale had executed it. The change in office does not weaken the deed or reopen the sale; it moves the ministerial act of signing to whoever currently holds the position.
Frequently Asked Questions
What happens if a sheriff leaves office before signing the deed for a sale they conducted?
Section 840.18 lets the sheriff’s successor in office at the time the deed is applied for execute the deed instead.
Does a deed signed by the successor sheriff carry the same legal weight as one signed by the original sheriff?
Yes. It has the same effect as though it had been executed by the sheriff who made the sale.
Does this section apply only to sales made under a court judgment or decree?
It applies to sales made under or in pursuance of any order, judgment, or decree of a court.
Who executes the deed under this section?
The successor of the sheriff who made the sale, meaning whoever is in office at the time the deed is applied for.
How does this section relate to section 840.17?
Both address getting a deed executed when the original sheriff cannot finish the job, one for death, departure, or incapacity, the other for a sheriff’s term expiring before the deed was signed.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.18; 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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