Marling v. Maynard
Wisconsin Supreme Court
Appeal from a judgment and an order of the circuit court for Milwaukee county: LaweeNCB W. Halsey, Circuit Judge- This action was commenced May 8, 1903, to foreclose a note and mortgage executed by the Milwaukee Eealty Company November 3, 1897, to the order of Henry Herman for $1,800, payable three years from the date thereof, which mortgage was on the land therein described and was recorded November 6, 1897, in vol. 398 of Mortgages on page 183. The amended complaint…
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Appeal from a judgment and an order of the circuit court for Milwaukee county: LaweeNCB W. Halsey, Circuit Judge- This action was commenced May 8, 1903, to foreclose a note and mortgage executed by the Milwaukee Eealty Company November 3, 1897, to the order of Henry Herman for $1,800, payable three years from the date thereof, which mortgage was on the land therein described and was recorded November 6, 1897, in vol. 398 of Mortgages on page 183. The amended complaint alleges in effect the facts stated; also that November 3, 1897, the defendants Maynard and Agnew for a valuable consideration…
1Opinion of the CourtCassoday, C. J.
The question presented is whether the judgment entered May 29, 1906, to the effect that the plaintiff recover from Maynard and A gnow and each of them the-*587amount due on the note with costs is justified by the mandate of this court on the former appeal. It is conceded by the plaintiff that in pursuance of that mandate the judgment of July 25, 1905, was to be reversed, and that the complaint for the foreclosure of the mortgage- and the sale of the mortgaged premises should be dismissed, and that Emma bTonunensen’s claim to such premises be established, and that the plaintiff be forever barred…
2Cases cited16 opinions
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Frank v. . DavisNew York Court of Appeals · 1892
- Burroughs v. . TostevanNew York Court of Appeals · 1879
- Witter v. NeevesWisconsin Supreme Court · 1891
- Connecticut Mutual Life Insurance v. CrossWisconsin Supreme Court · 1864
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3Cited by8 opinions
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- City Bank of Portage v. PlankWisconsin Supreme Court · 1910
- Cavadini v. LarsonWisconsin Supreme Court · 1933
- Farmers & Merchants Bank v. MatsenWisconsin Supreme Court · 1935
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