When any security is directed to be taken by the court or any investment to be made, or any security taken by a sheriff on the sale of any real estate, as heretofore directed, except where provision is made for taking the same in the name of any known owner, the bonds, mortgages or other evidences thereof shall be taken in the name of the clerk of the court in whose office the original complaint was filed and the clerk’s successors in office, who shall hold the same by virtue of his or her office and shall deliver them to his or her successor.
842.28.Securities, how taken.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.28 says that, unless a known owner’s name is used, any bond, mortgage, or other security connected to a partition sale or court-ordered investment is taken in the name of the clerk of the court where the case was filed, and passes automatically to each successor clerk.
Full Text of Section 842.28
Plain-English Summary
Investments and security taken under this chapter need a name attached to them, and section 842.28 supplies the default one. When security is directed to be taken by the court, an investment is made, or security is taken by a sheriff on the sale of real estate as the chapter directs, the bonds, mortgages, or other evidences of it are taken in the name of the clerk of the court in whose office the original complaint was filed — except where the chapter provides for taking it in the name of a known owner instead.
That naming convention is built to outlast any one clerk. The security is held in the name of the clerk and the clerk’s successors in office, who hold it by virtue of the office itself and deliver it along to whoever succeeds them, so a change in who holds the clerk’s office does not disrupt the security.
Frequently Asked Questions
In whose name is security taken for an unknown or unrepresented owner’s share?
The name of the clerk of the court in whose office the original complaint was filed.
What happens to that security when the clerk leaves office?
It is held by virtue of the office and delivered to the clerk’s successor.
Does this apply to security a sheriff takes on a sale of real estate too?
Yes. Section 842.28 covers security taken by a sheriff on the sale of real estate, as well as court-directed security and investments.
Is there an exception to taking the security in the clerk’s name?
Yes, except where provision is made for taking it in the name of a known owner.
Why would security be taken in the clerk’s name rather than an individual owner’s name?
Because it applies in the situations the chapter describes where there is no known individual to hold it directly, such as an absent or unknown owner under section 842.26.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.28; 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
Also known as: securities held in the clerk’s name wisconsin partitionbond or mortgage taken in clerk’s name partition salesuccessor clerk holds partition security wisconsinsection 842.28 wisconsin securities