Hathaway v. Baldwin
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. Hathaway brought bis action to foreclose a mortgage executed to one Pingree by Henry H. JBoody and Gould Jewell and their wives, and alleged to bave been recorded September 19, 1856. The complaint alleges that the mortgage was executed to secure certain notes given by the mortgagors to the mortgagee, and that the notes and mortgage bad been duly assigned and transferred to the plaintiff.
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APPEAL from the Circuit Court for St. Croix County. Hathaway brought bis action to foreclose a mortgage executed to one Pingree by Henry H. JBoody and Gould Jewell and their wives, and alleged to bave been recorded September 19, 1856. The complaint alleges that the mortgage was executed to secure certain notes given by the mortgagors to the mortgagee, and that the notes and mortgage bad been duly assigned and transferred to the plaintiff. David H. Baldwin and Pame-lia Baldwin were made defendants as claiming an interest in the land subsequent to the lien of the mortgage. After the time to…
1Opinion of the Court
By the Court,
DixoN, C. J.
The circuit judge denied the application on the ground that the proposed answer is insufficient. We fully agree with him in this conclusion. The answer is palpably evasive, and if it had been put in in the regular'course of pleading, should have been stricken out as sham. The defendants had constructive notice of the mortgage— the same means of information upon which business of the greatest importance is every day transacted. The mortgage was recorded, and nothing is more common than for people to examine and rely upon such records. The defendants had but to consult…
2Cited by9 opinions
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- State v. McGarryWisconsin Supreme Court · 1867
- Goodell v. BlumerWisconsin Supreme Court · 1877
- Sweet v. DavisWisconsin Supreme Court · 1895
- Wheaton v. BriggsSupreme Court of Minnesota · 1886
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