Diggle v. Boulden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action for the strict foreclosure of a land contract. Defendant appealed from a judgment in plaintiff’s favor. The case is stated in the opinion. 1. The judgment should be reversed unless the demurrer was frivolous. This is the rule where a defense interposed by answer is stricken out as frivolous; and up to the case of Cobb v. Harrison, 20 "Wis., 625, the same was held in case of a demurrer.
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APPEAL from the Circuit Court for Grant County. Action for the strict foreclosure of a land contract. Defendant appealed from a judgment in plaintiff’s favor. The case is stated in the opinion. 1. The judgment should be reversed unless the demurrer was frivolous. This is the rule where a defense interposed by answer is stricken out as frivolous; and up to the case of Cobb v. Harrison, 20 "Wis., 625, the same was held in case of a demurrer. Clapp v. Preston, 15 Wis., 543; Cahoon v. Wisconsin Cent. B. B. Co., 10 id., 290, and cases cited. Why the rule which obtains in one case should not apply…
1Opinion of the CourtORton, J.
This is a suit in equity for the strict foreclosure of a land contract. The complaint sets out, substantially, that the eighty acres of land in question was a part of a tract of land purchased and held by the plaintiff, by land contract, from one Putnam David, for the sum of $4,687.20; of' which sum $2,000 was paid down, and the balance was to be paid thereafter in installments, with interest; that such installments and interest had been partly paid, leaving only the sum of $1,500 of principal and $100 of interest unpaid; and that, upon the payment of the same, which the plaintiff is able to…
2Cases cited8 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- McIndoe v. MormanWisconsin Supreme Court · 1870
- Nightingale v. BarensWisconsin Supreme Court · 1879
- Bateman v. JohnsonWisconsin Supreme Court · 1859
- Plato v. RoeWisconsin Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Krakow v. WilleWisconsin Supreme Court · 1905
- Sayre v. MohneyOregon Supreme Court · 1896
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
- Stanley v. SullivanWisconsin Supreme Court · 1888
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