Ludlow v. Gilman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Foreclosure of a mortgage executed by defendant to one Wallis, upon two parcels of land containing respectively twelve and nineteen acres. Defense, that the notes secured by the mortgage were given for part of the purchase price of the mortgaged lands, and that Wallis had not title to the whole of the nineteen acre parcel of said land, as he represented and defendant believed, &c.
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APPEAL from the Circuit Court for Sheboygan County. Foreclosure of a mortgage executed by defendant to one Wallis, upon two parcels of land containing respectively twelve and nineteen acres. Defense, that the notes secured by the mortgage were given for part of the purchase price of the mortgaged lands, and that Wallis had not title to the whole of the nineteen acre parcel of said land, as he represented and defendant believed, &c. The court found the facts at length, stating, among other things, that the plaintiff had purchased the notes and mortgage after due; that the land was worth $64.50…
1Opinion of the Court
By the Court,
DixoN, C. J.
As in the preceding case of Gilman v. Thiess et al., ante, p. 528, a question is made upon the sufficiency of the exceptions. The suit is in equity to foreclose a mortgage, and the exceptions are certainly more specific than in that case. “ The plaintiff excepts to the decision of the court upon the trial of this action upon the matters of law and equity.” The exception is confined to “ the matters of law and equity,” and no objection is taken to the facts found. The plaintiff does not seek to review the evidence. I think the exception sufficient. I think so in…
2Cases cited6 opinions
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Taft v. KesselWisconsin Supreme Court · 1862
- Eastman v. PorterWisconsin Supreme Court · 1861
- Jones v. . OsgoodNew York Court of Appeals · 1852
- Walker v. WilsonWisconsin Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Noonan v. IlsleyWisconsin Supreme Court · 1866
- Oakes v. Estate of BuckleyWisconsin Supreme Court · 1880
- Bardeen v. MarkstrumWisconsin Supreme Court · 1885
- Houlehan v. RasslerWisconsin Supreme Court · 1889
- McLennan v. PrenticeWisconsin Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.