Julien v. Model Building, Loan & Investment Ass'n
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action to enforce a lien on real estate under sec. 3314, Stats. 1898, as to the owner of two> mortgages on the property, and other persons; and an action by the mortgagee against the lien claimant and such others to foreclose the mortgages.
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Appeal from a judgment of tlie circuit court for Milwaukee county: Eugene S. Elliott, Circuit Judge. Action to enforce a lien on real estate under sec. 3314, Stats. 1898, as to the owner of two> mortgages on the property, and other persons; and an action by the mortgagee against the lien claimant and such others to foreclose the mortgages. The actions were tried together on the issue raised by the answer of the mortgagee to the complaint in the lien action, and the answer of the lien claimant in the suit to foreclose the mortgages, as to whether such mortgages were encumbrances upon the…
1Opinion of the CourtMaeshall, J.
Tbe necessity of notice of election, by a creditor to bis debtor, to exercise an agreed option to treat an entire indebtedness as due before the date specifically named in the papers evidencing the same and securing its payment, for nonperformance of some stipulation of the contract, as a condition precedent to the use of judicial remedies for collection of the whole debt, is merely a rule of equity. In most jurisdictions no sucb notice is necessary. It is held that if the debtor makes default be is neither legally nor equitably entitled to notice that by reason thereof the creditor will…
2Cases cited24 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
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3Cited by30 opinions
- Posadas v. National City BankSupreme Court of the United States · 1936
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Van Gilder v. City of MadisonWisconsin Supreme Court · 1936
- Commonwealth v. HallSupreme Court of Pennsylvania · 1927
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