Tallman v. Ely
Wisconsin Supreme Court
APPEAR PROM ROCK CIRCDIT COURT. This was an action of ejectment, brought by respondent, Ely, against tbe appellant, for the possession of a tract of land in Lock county, and itwas tried by a jury, at Janesville, before J. M. Eeep, circuit judge, at the June Term, 1856. The appellant and respondent both derived title from one James G. Alden, who, while, owning the premises, executed a mortgage deed of the same to one Charles G. Eitch, to secure the payment of money loaned,…
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APPEAR PROM ROCK CIRCDIT COURT. This was an action of ejectment, brought by respondent, Ely, against tbe appellant, for the possession of a tract of land in Lock county, and itwas tried by a jury, at Janesville, before J. M. Eeep, circuit judge, at the June Term, 1856. The appellant and respondent both derived title from one James G. Alden, who, while, owning the premises, executed a mortgage deed of the same to one Charles G. Eitch, to secure the payment of money loaned, and which had never been repaid, although the same had been long due. Af¡er the execution of the mortgage to Fitch, Alden…
1Opinion of the Court
*256 By the Oourt,
Cole, J.
In tlie case of Gillett vs. Eaton, which was decided at the last term of this court, it was held that the grantee of tlie mortgagor, could not maintain an action of ejectment against tlie assignee of the mortgagee who is lawfully in possession of the mortgaged premises after condition broken. We suppose this question to have been substantially passed upon and settled in quite a number of cases found in the books; cases which appeared to have been examined and decided with much care and consideration, and which were supported by the most conclusive and satisfactory…
2Cases cited5 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Wilson v. HooperSupreme Court of Vermont · 1839
3Cited by27 opinions
- Spect v. SpectCalifornia Supreme Court · 1891
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Kelso v. NortonSupreme Court of Kansas · 1902
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
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