Herman v. Felthousen
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee county: Obren T. Williams, Judge. Action to foreclose a mortgage. Tbe complaint was in tbe ordinary form.
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Appeal from an order of tbe superior court of Milwaukee county: Obren T. Williams, Judge. Action to foreclose a mortgage. Tbe complaint was in tbe ordinary form. It stated, among other things, that tbe mortgage was given by defendant Reigb March 2, 1896, to secure tbe payment of an indebtedness of $900 and interest, evidenced by a promissory note due three years after the date thereof; that tbe mortgage was so executed that it was entitled to record; that it was duly recorded; that it was subsequently assigned to plaintiff; that be was tbe owner thereof at tbe time of tbe commencement of tbe…
1Opinion of the CourtMaeshalx, J.
Tbe complaint seems to present tbe ordinary case of a person seeking to foreclose a mortgage, and, as a necessary part of full relief, to1 have tbe status of the mortgage lien determined as regards hostile claims of prior*425ity.not based on paramount title. There is nothing in the form of the complaint to indicate that the purpose of the pleader was to state a cause of action to foreclose a mortgage and a separate cause of action for relief against the hostile claim of a prior mortgage. All the facts in regard to both mortgages are stated in form as constituting one cause of action, and…
2Cases cited7 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Gager v. MarsdenWisconsin Supreme Court · 1899
- Bassett v. WarnerWisconsin Supreme Court · 1869
- Strobe v. DownerWisconsin Supreme Court · 1860
- Webb v. MeloyWisconsin Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
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- Carthew v. City of PlattevilleWisconsin Supreme Court · 1914
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