Collart v. Fisk
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown Countjn The action is to foreclose a mortgage on real estate, executed by the defendant Coppersmith to the plaintiff, to secure the payment of a promissory note of even date made by the former. The note is dated June 23d, 1871, and is for $200 payable in ñve years, with interest payable annually. The breach of condition alleged is the nonpayment of interest for three years.
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APPEAL from tbe Circuit Court for Brown Countjn The action is to foreclose a mortgage on real estate, executed by the defendant Coppersmith to the plaintiff, to secure the payment of a promissory note of even date made by the former. The note is dated June 23d, 1871, and is for $200 payable in ñve years, with interest payable annually. The breach of condition alleged is the nonpayment of interest for three years. The complaint contains an averment that the defendants Cor-mier and Fish “ have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof, which…
1Opinion of the CourtLyon, J.
On the authority of Hathaway v. Baldwin, 17 Wis., 616, it must be held that the -answer of the defendant Fisk, so far as it relates to the execution, recording and ownership of the mortgage described in the complaint, is insufficient. But a defendant who is a subsequent incumbrancer may litigate the questions as to whether any thing is due on the debt secured by the mortgage, and, if so. how much; and, as a *241matter of course, be may deny in bis answer that anything is due, or that there is as much due thereon as the plaintiff claims.
The reasons why such subsequent incumbrancer may not deny the…
2Cases cited1 opinion
- Hathaway v. BaldwinWisconsin Supreme Court · 1864
3Cited by1 opinion
- Teal v. CollinsOregon Supreme Court · 1881