Flood v. Isaac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The defendant Isaac appealed from a judgment of foreclosure of a mortgage. The case is stated in the opinion. to the point that notice of Us pendens was not properly filed twenty days before judgment, cited Waring v. Waring, 7 Abb. Pr. R., 472, note; Burroughs v. Beiger, 12 How. Pr.
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APPEAL from the Circuit Court for Fond du Lao County. The defendant Isaac appealed from a judgment of foreclosure of a mortgage. The case is stated in the opinion. to the point that notice of Us pendens was not properly filed twenty days before judgment, cited Waring v. Waring, 7 Abb. Pr. R., 472, note; Burroughs v. Beiger, 12 How. Pr. R., 171Farmers' I. & T. Co. v. Dickson, 17 id., 477. To the point that Isaac, being interested in the fund arising from the sale, had a right to object that the judgment was irregular, they cited Manning v. McGlurg, 14 Wis., 350; Callin v. Pedriclc, 17 id., 88.…
1Opinion of the CourtLyoN, J.
Action to foreclose a mortgage. The appellant is a subsequent purchaser of the mortgaged premises. Notice of the pendency of the action was filed in the proper office July 30th, 1872; but the complaint in the action was not filed until June 5th, 1873. Judgment of foreclosure and sale was rendered by the court, and duly perfected and entered June 6th, 1873.
The only question presented for our determination is, whether notice of the pendency of the action was properly filed twenty days before the judgment was entered. If it was not, the judgment must be reversed; for the statute is imperative,…
2Cases cited1 opinion
- Manning v. McClurgWisconsin Supreme Court · 1861
3Cited by4 opinions
- Plott v. KittelsonNorth Dakota Supreme Court · 1929
- Huntington v. MeyerWisconsin Supreme Court · 1896
- Dawson v. MeadWisconsin Supreme Court · 1888
- Gile v. ColbyWisconsin Supreme Court · 1896