Kercheval v. Doty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action for the foreclosure of a mortgage given by the defendant Charles Doty to one Field, April 25, 1859, and by Field assigned to plaintiff, the mortgage covering thirty-one lots constituting a portion of the southwest quarter of the southwest quarter of section 15, township 20 north, of range 17 east, in the village of Menasha.
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APPEAL from the Circuit Court for Fond du Lac County. Action for the foreclosure of a mortgage given by the defendant Charles Doty to one Field, April 25, 1859, and by Field assigned to plaintiff, the mortgage covering thirty-one lots constituting a portion of the southwest quarter of the southwest quarter of section 15, township 20 north, of range 17 east, in the village of Menasha. The answer of Charles Doty alleged that on the 21st day of November, 1850, he purchased of one James Doty the tract of land including the lots in question, paying a valuable consideration therefor, and thereupon…
1Opinion of the CourtDixoN, C. J.
The question of Mrs. XerchevaVs title, or whether the same was valid in her or had passed to the defendant Doty by the tax deeds, at the time she made convey anee of the lands to him in consideration of which the bond and mortgage in suit were given, is not one which is open to examination or decision in this case, unless the truth should be that there was fraud, circumvention or some improper advantage on the part of the plaintiff in the transaction or settlement with the defendant, by which the defendant was induced to accept her conveyance of the lands and to execute and deliver his bond…
2Cases cited3 opinions
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Newton v. HolleyWisconsin Supreme Court · 1858
- Calkins v. StateWisconsin Supreme Court · 1861
3Cited by37 opinions
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Flambeau Products Corp. v. Honeywell Information Systems, Inc.Wisconsin Supreme Court · 1984
- Greenlee v. MosnatSupreme Court of Iowa · 1902
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