Scheibe v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaoa County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This is an appeal from an order overruling a demurrer by the defendant to the complaint in the action.
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APPEAL from the Circuit Court for Waupaoa County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This is an appeal from an order overruling a demurrer by the defendant to the complaint in the action. The action is brought to foreclose a mortgage upon real estate, The mortgage was given to secure the payment of a promissory note for $600, bearing date on the 6th of December, 1883, and payable on or before three years after the date thereof, with interest from date until paid at the rate of seven per cent, per annum, payable annually. The…
1Opinion of the Court
■ Taylor, J.
The learned counsel for the appellant insists (1) that, as the complaint demands a judgment of foreclosure and a sale of the mortgaged premises to pay the whole amount of the note and interest, with costs, etc., it should be held bad upon a general demurrer, if the facts set out in the complaint do not entitle the plaintiff to such judgment; (2) that the facts alleged do not mate out a case for the judgment demanded; (3) that the plaintiff cannot maintain an action to foreclose this mortgage because of the nonpayment of the interest due on December 6, 1884. It was not claimed with…
2Cases cited10 opinions
- Richards v. HolmesSupreme Court of the United States · 1856
- Basse v. GalleggerWisconsin Supreme Court · 1859
- Moritz v. SplittWisconsin Supreme Court · 1882
- Adams v. EssexCourt of Appeals of Kentucky · 1808
- Manning v. McClurgWisconsin Supreme Court · 1861
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3Cited by9 opinions
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- Frye v. ShepherdMissouri Court of Appeals · 1913
- Chase Manhattan Mortgage Corp. v. SpinaNew Jersey Superior Court Appellate Division · 1998
- Kingsley v. AndersonSupreme Court of Minnesota · 1908
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