Legal Opinion

Downer v. Cross

Wisconsin Supreme Court

Decided December 15, 1853PublishedCited by 6 opinions

APPEAL IN EQUITY PROM THE MILWAUKEE CIRCUIT COURT. Jason Downer filed Ms "bill of complaint against James B. Cross in tifie Circuit Court for Milwaukee county, March. 8, 1850, being a bill of foreclosure in the usual form, stating that a part of the money secured Tby the mortgage was past due, and a part to Become due.

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APPEAL IN EQUITY PROM THE MILWAUKEE CIRCUIT COURT. Jason Downer filed Ms "bill of complaint against James B. Cross in tifie Circuit Court for Milwaukee county, March. 8, 1850, being a bill of foreclosure in the usual form, stating that a part of the money secured Tby the mortgage was past due, and a part to Become due. On the Oth day of May, 1850, the court made the usual decree of foreclosure, except it appointed, in that decree, Leander Wyman a special commissioner to make sale of the mortgaged premises. The mortgage was on a single lot in the city of Milwaukee, and there was no reference…

1Opinion of the Court

By the Court,

Whitow, C. J.

It appears that a decree of foreclosure, and for the sale of the mortgaged premises, was made by the Circuit Court for Milwaukee county, and that a sale took place under the decree. Upon the coming in of the report of the commissioner who made the sale, the sale was con firmed by the court, and the defendant ordered to pay to the complainant the sum of sixty-three dollars and twenty-four cents, that being the amount due, after applying the proceeds of the sale of the mortgaged premises.

From the order confirming the sale and ordering the payment of the money, an…

2Cited by6 opinions

  1. Dodge v. GaylordIndiana Supreme Court · 1876
  2. Mosing v. HagenWisconsin Supreme Court · 1967
  3. Pierce v. KneelandWisconsin Supreme Court · 1859
  4. Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
  5. Wisconsin Area Health & Welfare Fund v. CateWisconsin Supreme Court · 1976

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