Lego v. Medley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The case is fully stated in the opinion. They argued that questions of paramount title could not be litigated in a foreclosure action. Hekla F. Ins. Go. v. Morrison, 56 Wis. 133. Parol evidence was not admissible to explain the deed, as there was no ambiguity but the deed explained itself, and the court would construe the excepted acre as square.
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APPEAL from the Circuit Court for Chippewa County. The case is fully stated in the opinion. They argued that questions of paramount title could not be litigated in a foreclosure action. Hekla F. Ins. Go. v. Morrison, 56 Wis. 133. Parol evidence was not admissible to explain the deed, as there was no ambiguity but the deed explained itself, and the court would construe the excepted acre as square. Abbott’s Trial Evidence, 698; Elbnaker v. Ell-maker, 4 Watts (Pa.), 89; Kirch v. Davies, 55 Wis. 281; Walsh v. Ringer, 2 Ohio, 327; Gunni/ngham’s Lessee v. Ha/r-per, Wright (Ohio), 366; Hay’s Lessee…
1Opinion of the CourtTaylor, J.
The questions arising in this case grow out of a foreclosure action brought by the plaintiff and appellant against the' respondent and the other pei’sons named to foreclose a mortgage. The mortgage sought to be fore*213closed was given to tbe appellant by Eicbard P. Medley, dated October 16, 1888, to secure the payment of $500 and the interest thereon. The property mortgaged was described in the mortgage as the W. of the S. W. quarter of section 9, township 30 N., of range 6 W., in Chippewa county, Wis. None of the defendants in the action appeared in the case or defended the action, except the…
2Cases cited9 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Wickes v. LakeWisconsin Supreme Court · 1869
- Prentiss v. BrewerWisconsin Supreme Court · 1864
- Sawyer v. Dodge County Mutual InsuranceWisconsin Supreme Court · 1875
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3Cited by10 opinions
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
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- Riha v. PelnarWisconsin Supreme Court · 1893
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