Waldo v. Rice
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was a bill to redeem mortgaged premises, filed on the 2d of Eebruary, 1856. It alleged that the mortgage was executed by one Willard on the 3d of Eebruary, 1836, to secure the payment of $400, with interest, on the 13th of the same month; that the mortgaged premises were woodland and uncleared and unoccupied until 1848, when the mortgagee put tenants into the actual occupation of them; and that the defendant Lutia Ann…
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APPEAL from the Circuit Court for Milwaukee County. This was a bill to redeem mortgaged premises, filed on the 2d of Eebruary, 1856. It alleged that the mortgage was executed by one Willard on the 3d of Eebruary, 1836, to secure the payment of $400, with interest, on the 13th of the same month; that the mortgaged premises were woodland and uncleared and unoccupied until 1848, when the mortgagee put tenants into the actual occupation of them; and that the defendant Lutia Ann Rice, who had intermarried with the defendant James P. Rice, had become the owner of the mortgage. It further alleged…
1Opinion of the Court
By the Court,
Paine, J.
The only question in this case is, whether an action to redeem from a mortgage is barred because not brought within ten years from the time the mortgage debt became due, though it was brought within *290*6U years a^ter moi’tgagee, or those under Rim, took possession. TRis court Ras already Reid tRat tRe statute does not run against tRe rigRt to redeem before tRe mortgagee takes possession. Knowlton vs. Walker, 13 Wis., 264 It would seem also by tRe autRorities, tRat it is not tRe possession merely, but tRe nature of tRat possession, wRicR determines tRe rigRt; and tRat even…
2Cases cited2 opinions
- Fullerton v. SpringWisconsin Supreme Court · 1854
- Knowlton v. WalkerWisconsin Supreme Court · 1860
3Cited by5 opinions
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Houts v. HoyneSouth Dakota Supreme Court · 1900
- Pitman v. HillWisconsin Supreme Court · 1903
- Wittrock v. WeiszNorth Dakota Supreme Court · 1955
- Gunnison v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1904