Flanders v. McVickar
Wisconsin Supreme Court
APPEAL PROM MILWAUKEB CIRCUIT COURT. This was an action for the foreclosure of a certain mortgage given by the respondents, McVickar and Bagnall to the plaintiff, Flanders, to secure the sum of $13,500, in installments, according to the condition of a certain bond of same date, being for the balance of the purchase money of certain real estate in the city of Milwaukee.
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APPEAL PROM MILWAUKEB CIRCUIT COURT. This was an action for the foreclosure of a certain mortgage given by the respondents, McVickar and Bagnall to the plaintiff, Flanders, to secure the sum of $13,500, in installments, according to the condition of a certain bond of same date, being for the balance of the purchase money of certain real estate in the city of Milwaukee. The complaint sets out the substance of the bond and mortgage in the usual form, with the condition that "in case of the non-payment of any sum of money (either of principal, interest, or taxes,) at the time or times when the…
1Opinion of the Court
*377 By the Court,
Cole, J.
It does not admit of a doubt but that there is a technical defect in the reply of the appellant, wherein he denies on information and belief that, at the time of filing the answer of the respondents, he was not seized in fee of the premises, and denies that at the time of the execution of the deed by him to the respondents, he was not seized of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law in fee simple, in and to the premises, &c.
By way of defence to the action for foreclosure of the mortgage, the respondents in their answer allege…
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