Levy v. Martin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. I. In October, 1869, Charles Eul and his wife, Mary Ann Eul, executed a mortgage of laud to Matthew Martin, to secure a note of even date given by said Charles to Martin, for $600, payable in three years, with interest at ten per cent. The mortgage contained a provision' for paying a solicitor’s fee of $50 in case of a foreclosure; and it was immediately rer corded.
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APPEAL from the Circuit Court for Milwaukee County. I. In October, 1869, Charles Eul and his wife, Mary Ann Eul, executed a mortgage of laud to Matthew Martin, to secure a note of even date given by said Charles to Martin, for $600, payable in three years, with interest at ten per cent. The mortgage contained a provision' for paying a solicitor’s fee of $50 in case of a foreclosure; and it was immediately rer corded. Charles Eul was the owner in fee of the mortgaged premises from the date of the mortgage until his death, November 30, 1870. lie left surviving him his said wife, and several…
1Opinion of the CourtCole, J.
The application for a change of the place of trial was founded on the affidavit and made in behalf of the defend*204ant Martin, alone. It was therefore properly denied, under the decisions of this court in Wolcott v. Wolcott, 32 Wis., 63; Rupp v. Swineford, 40 Wis., 28; State ex rel. Cuppel v. The Chamber of Commerce, 47 Wis., 670. The learned counsel for Martin attempted to distinguish this case from the above; but we think it comes fully within the principle of those decisions.
The really important question in the case is, whether the plaintiff, upon the undisputed facts, is equitably entitled…
2Cases cited9 opinions
- Blodgett v. HittWisconsin Supreme Court · 1871
- Payne v. HathawaySupreme Court of Vermont · 1831
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- Watson v. WilcoxWisconsin Supreme Court · 1876
- Mohr v. TulipWisconsin Supreme Court · 1876
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3Cited by45 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Charmley v. CharmleyWisconsin Supreme Court · 1905
40 more not listed; retrieve them via the Exa API.