Board of Supervisors of Manitowoc County v. Sullivan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to foreclose a mortgage given by the defendant Timothy Sullivan and his wife, in 1869, to one Louis Koehnke, then chairman of the board of supervisors of Man-itowoc county, for the benefit of said county, and by him assigned to the plaintiff.
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APPEAL from the Circuit Court for Manitowoc County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to foreclose a mortgage given by the defendant Timothy Sullivan and his wife, in 1869, to one Louis Koehnke, then chairman of the board of supervisors of Man-itowoc county, for the benefit of said county, and by him assigned to the plaintiff. The defendants Oxhoocl and Christian-son are the grantees of Sullivan and wife of the mortgaged premises; and they allege in their answer that they paid full value for the lands, and took deeds with full covenants of warranty, and in no…
1Opinion of the CourtTaylor, J.
The real question in this case is, whether the county board had any authority to accept the note and mortgage in satisfaction of, or as security for the payment of, the judgment rendered against Sullivan in the criminal prosecution, and thereupon discharge him from imprisonment. If they had no such power, then the whole transaction was void, and the note and mortgage cannot be enforced against either said Sullivan or the other appellants, who claim the mortgaged premises under him.
An examination of the statutes regulating criminal actions of this kind clearly shows that the county board has…
2Cases cited4 opinions
- Weed Sewing Machine Co. v. EmersonMassachusetts Supreme Judicial Court · 1874
- Maher v. LanfromIllinois Supreme Court · 1877
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1862
- Seymour v. LaycockWisconsin Supreme Court · 1879
3Cited by5 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Jefferson County v. YoungCourt of Appeals of Kentucky · 1905
- Jaqua v. HarkinsIndiana Court of Appeals · 1907
- Douglas v. VorpahlWisconsin Supreme Court · 1918