Bassett v. McDonel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Tbis was an action to foreclose a mortgage executed tbe defendants McDonel and Graham, to secure two promissory notes made in March, 1856, and payable on tbe 1st 0f January of tbe years 1857 and 1858, respectively, “ with interest.”
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APPEAL from the Circuit Court for Walworth County. Tbis was an action to foreclose a mortgage executed tbe defendants McDonel and Graham, to secure two promissory notes made in March, 1856, and payable on tbe 1st 0f January of tbe years 1857 and 1858, respectively, “ with interest.” Tbe complaint alleges, among other things, that on or about tbe days when tbe notes - were respectively made payable, tbe defendants agreed with tbe plaintiff, in writing, to pay 12 per cent, interest on so much as remained unpaid upon each after it fell due. Tbe defendants Shiells and McDonel filed answers, tbe…
1Opinion of the Court
By the Court,
Cole J.
As we understand this case, the answers of Shiells and McDonel raised material issues, which should have been tried and disposed of before judgment of foreclosure and sale was rendered. Shiells claims in his answer to be a subsequent purchaser of a portion of the mortgaged premises, and insists upon his right to have them sold in the inverse order of alienation. He further claims that the supplemental agreement of the mortgagors to pay 12 per cent interest on all sums due and unpaid on the mortgage on the 1st of January, 1857, has no. effect as to him, and could not become…
2Cases cited1 opinion
- Ogden v. GliddenWisconsin Supreme Court · 1859
3Cited by4 opinions
- Denney v. State ex rel. BaslerIndiana Supreme Court · 1896
- Illinois Hospital & Health Service, Inc. v. AurandAppellate Court of Illinois · 1978
- Hinrichs v. BradySouth Dakota Supreme Court · 1909
- Mergener v. FuhrWisconsin Supreme Court · 1926