Heath v. Frackleton
Wisconsin Supreme Court
APPEAR from tbe Circuit Court for Milwaukee County. Tbe complaint alleges, in substance, that in 1858 tbe defendant loaned to tbe plaintiff $4000, and received from him five notes for $1000 each, at 12 per cent, interest, secured by a mortgage of real property; that said notes and mortgage bad, about a month before said loan, been executed to one Wilson, and by Wilson indorsed to defendant or in blank, without recourse, and redelivered to plaintiff, tbe transaction being…
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APPEAR from tbe Circuit Court for Milwaukee County. Tbe complaint alleges, in substance, that in 1858 tbe defendant loaned to tbe plaintiff $4000, and received from him five notes for $1000 each, at 12 per cent, interest, secured by a mortgage of real property; that said notes and mortgage bad, about a month before said loan, been executed to one Wilson, and by Wilson indorsed to defendant or in blank, without recourse, and redelivered to plaintiff, tbe transaction being designed as a cover for tbe subsequent usurious agreement with' defendant; that in 1860, defendant, in a foreclosure suit…
1Opinion of the CourtDixon, C. J.
This suit cannot be maintained without unsettling the very foundation of the judgment in the foreclosure action. What is it that the plaintiff proposes to do ? Why, clearly to show that there was no such debt, no such valid notes and mortgage, as those described in and which constitute the foundation of that judgment. We do not argue to prove that the judgment is conclusive that there was such a debt and that the notes and mortgage were valid and the money due upon them. It is an elementary principle that every such judgment, unless impeached for fraud, is so far absolutely conclusive upon…
2Cases cited5 opinions
- Eastman v. PorterWisconsin Supreme Court · 1861
- Grow v. AlbeeSupreme Court of Vermont · 1847
- Woodward v. HillWisconsin Supreme Court · 1858
- Driscoll v. DampWisconsin Supreme Court · 1863
- Steward v. DownerSupreme Court of Vermont · 1836
3Cited by6 opinions
- Henry v. SansomCourt of Appeals of Texas · 1893
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- Cannon v. CastlemanIndiana Supreme Court · 1904
- Franey v. Wauwatosa Park Co.Wisconsin Supreme Court · 1898
- The Tubal CainDistrict Court, S.D. New York · 1881
1 more not listed; retrieve them via the Exa API.