Manning v. McClurg
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. On the 12th of March, 1856, the' defendant Rage sold to McOlurg certain lands, and took from him a bond for the unpaid purchase money, secured by a, mortgage on the same lands. On' the 3d of November, 1858, Sage and McOlurg executed to the plaintiff their promissory note of that date for $1903.93, at six months, and as collateral security Sage assigned to the plaintiff said bond and mortgage.
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APPEAL from tbe Circuit Court for Racine County. On the 12th of March, 1856, the' defendant Rage sold to McOlurg certain lands, and took from him a bond for the unpaid purchase money, secured by a, mortgage on the same lands. On' the 3d of November, 1858, Sage and McOlurg executed to the plaintiff their promissory note of that date for $1903.93, at six months, and as collateral security Sage assigned to the plaintiff said bond and mortgage. On the 6th off August, 1859, this action was commenced to foreclose the mortgage, Sage being made • a defendant on the ground that he had refused to join…
1Opinion of the Court
By the Court,
DixON, C. J.
Unlike the rules of the courts of New York, our rules of practice do not prescribe the manner in which the plaintiff, in an action affecting the title to -real property or for the foreclosure of a mortgage, shall show that he has filed a notice of the pendency of the action as required by section 7 of chapter 124 of the Bevis-ed Statutes. In New York it is provided that it shall be by affidavit or the certificate of the clerk of the county in which the mortgaged premises are situated. Buie 46 of Supreme Court; Howard’s Code, 713. The same rule prevailed under the act…
2Cases cited6 opinions
- Adams v. EssexCourt of Appeals of Kentucky · 1808
- Curtis v. HitchcockNew York Court of Chancery · 1843
- Rice v. CribbWisconsin Supreme Court · 1860
- Boyd v. WeilWisconsin Supreme Court · 1860
- Howe v. EnglishWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- El Reno Electric Light and Telephone Co. v. JennisonSupreme Court of Oklahoma · 1897
- Scheibe v. KennedyWisconsin Supreme Court · 1885
- McLane v. Piaggio Bros.Supreme Court of Florida · 1888
- Catlin v. PedrickWisconsin Supreme Court · 1863
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