Legal Opinion

Landon v. Burke

Wisconsin Supreme Court

Decided June 15, 1873PublishedCited by 12 opinions

APPEAL from the Circuit Court for Grant Oounty. Action to foreclose the interest of the defendants in real estate, Held under a land contract.

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APPEAL from the Circuit Court for Grant Oounty. Action to foreclose the interest of the defendants in real estate, Held under a land contract. The complaint states that on or about the 24th day of February, 1870, one G-eorge Ey-land was the owner in fee simple of certain lands therein described ; that on that day he entered into a contract in writing (which is inserted in the complaint), for the sale to the defendant Ann M Burhe of the lands aforesaid; that she has failed to make a certain payment tbereon according to the 'terms of such contract; and that Ryland has duly conveyed and assigned…

1Opinion of the CourtLyon, J.

I. The first question which demands our attention is, whether the judgment was lawfully rendered at a term of the circuit court for La Fayette county ; for if it was not, it is a nullity, and the court should have expunged it from the records whenever its attention was called to the fact.

Ch. 243, Laws of 1862, sec. 1 (Tay. Stats., 1703, § 10), as amended by the Laws of 1872, ch.-13, provides as follows: “ All actions hereafter commenced in any court of this state, for the foreclosure or satisfaction of a mortgage upon real estate, shall be commenced, tried and determined in the county where…

2Cases cited1 opinion

  1. Edwards v. City of JanesvilleWisconsin Supreme Court · 1861

3Cited by12 opinions

  1. Salter v. HilgenWisconsin Supreme Court · 1876
  2. Coad v. CoadWisconsin Supreme Court · 1876
  3. Boutin v. CatlinWisconsin Supreme Court · 1899
  4. Purtell v. Chicago Forge & Bolt Co.Wisconsin Supreme Court · 1889
  5. Glassner v. Medical Realty, Inc.Wisconsin Supreme Court · 1964

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