Carpenter v. Meachem
Wisconsin Supreme Court
Appeal from an order of the circuit court for Fond du Lac county: Michael KiewaN, Circuit Judge. This is an action to recover a deficiency arising upon the foreclosure of two mortgages, the defendant being an intermediate purchaser of the mortgaged property, who, it is alleged, assumed and agreed to pay the mortgage debt.
Read the full summary
Appeal from an order of the circuit court for Fond du Lac county: Michael KiewaN, Circuit Judge. This is an action to recover a deficiency arising upon the foreclosure of two mortgages, the defendant being an intermediate purchaser of the mortgaged property, who, it is alleged, assumed and agreed to pay the mortgage debt. The complaint set forth the execution of the two notes and accompanying mortgages upon real estate amounting in all to $6,000 by one Meyer to the plaintiff, and further alleged that thereafter the defendant, Meaehem, purchased the mortgaged premises from Meyer, and accepted…
1Opinion of the CourtWiNsiow, J.
In that portion of the answer which is challenged by the demurrer the defendant attempted to allege by way of affirmative defense a former adjudication upon the same cause of action in bar, as well as a supposed fraud committed by the plaintiff in concealing from the defendant the fact of the pendency of the foreclosure proceedings. The insufficiency of the allegations to make out either of the supposed defenses seems quite plain. In order to constitute .a previous adjudication a bar, it must have been rendered hy a court of competent jurisdiction, upon the same cause of action, and in an…
2Cases cited3 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Palmeter v. CareyWisconsin Supreme Court · 1885
- Carroll v. FethersWisconsin Supreme Court · 1899
3Cited by5 opinions
- Howard v. J. P. Paulson Co.Utah Supreme Court · 1912
- Wiedenbeck-Dobelin Co. v. AndersonWisconsin Supreme Court · 1918
- Battle v. BattjesMichigan Supreme Court · 1936
- Fanning v. MurphyWisconsin Supreme Court · 1903
- Minor v. JACEKCourt of Appeals of Wisconsin · 2005