Weber v. Zeimet
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. This case was once before tbis court on appeal from an order fixing tbe terms upon wbicb tbe defendants, Zeimet, Knapp and Brereton, should be allowed to answer, and set up a defense of usury after default. Weber v. Zeimet, unreported.
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APPEAL from tbe Circuit Court for Dane County. This case was once before tbis court on appeal from an order fixing tbe terms upon wbicb tbe defendants, Zeimet, Knapp and Brereton, should be allowed to answer, and set up a defense of usury after default. Weber v. Zeimet, unreported. In accord-anee with, the decision of this court, in remanding the canse to the circuit court, an order of reference was had to take testimony and report the order of alienation of the mortgaged premises, the relative value of the premises purchased hy each defendant, as compared with the whole, the terms of the…
1Opinion of the CourtCole, J.
Tbe order in this case is objected to on two grounds: 1st, it is insisted tbat lot 12, on section 16, is justly and equitably chargeable with its portion of tbe mortgage debt; and 2d, tbat tbe value of tbe forty acre tract now owned by tbe defendant Nolton, should first be deducted from tbe mortgage debt, and tbat tbe other three forties should contribute ratably, according to their respective values only, to tbe pay*286ment of tRe remainder of tRe debt after sncR deduction is made.
Lot 12, known as tRe scRool land forty, was included in tRe mortgage sougRt to be foreclosed wRen executed by…
2Cases cited5 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Jumel v. JumelNew York Court of Chancery · 1839
- Townsend v. WardSupreme Court of Connecticut · 1858
- Thomas v. MitchellWisconsin Supreme Court · 1871
3Cited by3 opinions
- Skinner v. HarkerSupreme Court of Colorado · 1896
- Federal Farm Mortgage Corp. v. LarsonWisconsin Supreme Court · 1938
- Price v. ReedMissouri Court of Appeals · 1889