Warren v. Foreman
Wisconsin Supreme Court
APPEALS from the the Circuit Court for /Saule County. The complaint alleges that defendant Moseley, August 5th, 1858, executed to the plaintiff his note for $500 with interest payable August 5th, 1861, and as collateral security executed to him a mortgage of the S. W. 1-4 of Sec. 17, the S. 1-2 of S. E. 1-4, See. 18, and the N. 1-2 N. E. 1-4, Sec. 19, T. 9, in said county; which was recorded August 16,1858. On the 4th of November following there was executed and recorded a…
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APPEALS from the the Circuit Court for /Saule County. The complaint alleges that defendant Moseley, August 5th, 1858, executed to the plaintiff his note for $500 with interest payable August 5th, 1861, and as collateral security executed to him a mortgage of the S. W. 1-4 of Sec. 17, the S. 1-2 of S. E. 1-4, See. 18, and the N. 1-2 N. E. 1-4, Sec. 19, T. 9, in said county; which was recorded August 16,1858. On the 4th of November following there was executed and recorded a mortgage from Moseley to one Bostwick on said S, 1-2 S. E 1-4, Sec. 18, and N. 1-2 N. E. 1-4, Sec. 19, to secure a note…
1Opinion of the Court
*38By the Court,
Dixon, C. J.
This is] a case of conflicting equities, and it is somewhat difficult, perhaps, to determine how. they should have been settled, and what shpuld have been the order of sale, in case the appellant had appeared and answered. The appellant shows no special equity to have had the land covered by the Bostwick mortgage sold first; and I think he shows no other sufficient ground for vacating the judgment or setting aside-the sale. It is not enough that the judgment may be technically irregular. It may be*that it should have directed the sale of the land covered by the…
2Cases cited1 opinion
- Duncan v. DoddNew York Court of Chancery · 1830
3Cited by2 opinions
- Kemp v. HeinWisconsin Supreme Court · 1879
- Lloyd v. FrankWisconsin Supreme Court · 1872