Smith v. Ford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roclo County. Action to quiet title to land. Plaintiff appealed from the judgment. The case is thus stated by Mr. Justice Tayloe: “ This action is brought to quiet the title to certain real estate situate in the city of Janesville. “ The plaintiff claims title to the lands by virtue of a deed of conveyance from Charles D. Mead, trustee of Ann M. C. Smith, wife of A. Hyatt Smith, and mother of the plaintiff.
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APPEAL from the Circuit Court for Roclo County. Action to quiet title to land. Plaintiff appealed from the judgment. The case is thus stated by Mr. Justice Tayloe: “ This action is brought to quiet the title to certain real estate situate in the city of Janesville. “ The plaintiff claims title to the lands by virtue of a deed of conveyance from Charles D. Mead, trustee of Ann M. C. Smith, wife of A. Hyatt Smith, and mother of the plaintiff. “ The defendant claims title to the same • lands by virtue of a sale made under and by virtue of a decree of the United States circuit court for the…
1Opinion of the Court
The following opinion was filed September 2, 1879.
Taylor, J.
On the part of the plaintiff’s counsel it is contended, that as the trustee, Mead, was not made a party to the *127creditor’s suit, his right as mortgagee was in no way affected by the judgment declaring said mortgage fraudulent and void; and that, by virtue of the foreclosure suit and sale therein, the legal title became vested in him, subject to the trusts declared in the deed of trust between A. Hyatt Smith and wife and said trustee. It is claimed —
1. That the judgment in the creditor’s suit is void, not only as to Chai’les D. Mead,…
2Cases cited41 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Freeman v. HoweSupreme Court of the United States · 1861
- James L. v. CarrylSupreme Court of the United States · 1858
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Wiswall v. SampsonSupreme Court of the United States · 1853
36 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Carey v. CagneySupreme Court of Louisiana · 1902
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Tod v. CrismanSupreme Court of Iowa · 1904
15 more not listed; retrieve them via the Exa API.