Mueller v. Brigham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Eoreclosure of a mortgage of land. On the 4th of December, 1813, Joseph Cary sold the mortgaged premises to the defendant Carl Johann Ferdinand Lehfeldt, and took back a mortgage to secure $500 of the purchase money, which mortgage contained this stipulation: “This mortgage to be a second lien on said premises, and stand after a mortgage executed this day by parties of the first part to Gustav Mueller This mortgage to Cary…
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APPEAL from the Circuit Court for Milwaukee County. Eoreclosure of a mortgage of land. On the 4th of December, 1813, Joseph Cary sold the mortgaged premises to the defendant Carl Johann Ferdinand Lehfeldt, and took back a mortgage to secure $500 of the purchase money, which mortgage contained this stipulation: “This mortgage to be a second lien on said premises, and stand after a mortgage executed this day by parties of the first part to Gustav Mueller This mortgage to Cary was not recorded. The mortgage referred to in the stipulation was executed by the same mortgagor for $1,000, loaned to…
1Opinion of the CourtCassoday, J.
In actions to foreclose mortgages .courts aré expressly empowered, at any time after judgment and before sale, to grant leave to amend the summons, complaint, and all *176the proceedings in the action, by making a defendant any person who is a proper or necessary party; and to allow- such party to answer and defend in like manner as if he had been originally made a party thereto; and to amend the original judgment so as to bar and foreclose him thereby, or to make any provisions in regard to his rights and interests, in like manner as he could have done had he been made originally a party.…
2Cases cited3 opinions
- Gilbert v. JessWisconsin Supreme Court · 1872
- Erwin v. LewisWisconsin Supreme Court · 1873
- Pratt v. FrearWisconsin Supreme Court · 1861
3Cited by4 opinions
- Cutler v. JamesWisconsin Supreme Court · 1885
- Larrance v. LewisIndiana Court of Appeals · 1912
- Rowell v. WilliamsWisconsin Supreme Court · 1882
- Sterling National Bank v. FischerSupreme Court of Colorado · 1924