Thornton v. Madison Woolen Mills
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This appeal was taken by the defendants Jones and the Madison Woolen Mills from a judgment of foreclosure and sale. The property had been sold under the judgment, and bid off by the plaintiffs. After the appeal had been argued and submitted to this court, the plaintiffs moved, upon affidavits, for its dismissal, upon the ground that the cause had been settled by the parties in interest.
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APPEAL from the Circuit Court for Dane County. This appeal was taken by the defendants Jones and the Madison Woolen Mills from a judgment of foreclosure and sale. The property had been sold under the judgment, and bid off by the plaintiffs. After the appeal had been argued and submitted to this court, the plaintiffs moved, upon affidavits, for its dismissal, upon the ground that the cause had been settled by the parties in interest. The defendant Jones resisted the motion, on affidavits, upon the ground that the alleged settlement was designed to be, and was in fact, merely a redemption of…
1Opinion of the CourtLyon, J.
After the cause was argued in this court, the plaintiffs and the defendant Jones negotiated together concerning the subject matter of the action, and'the result of such negotiation was, that Jones paid the plaintiff a portion of the mortgage debt, or, what is the same thing, a portion of the redemption money called for by the certificate of sale, and the balance thereof in securities, to become due thereafter, and also paid the costs in this court. The plaintiffs accepted 'such money and securities in full payment of the mortgage debt and costs, and thereupon caused the certificate of sale to…
2Cases cited2 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Bigelow v. GossWisconsin Supreme Court · 1856
3Cited by5 opinions
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Ray v. HixonWisconsin Supreme Court · 1895
- Signor v. ClarkNorth Dakota Supreme Court · 1904
- Scott v. Columbia Savings & Loan Ass'nWyoming Supreme Court · 1935
- Laflin v. Chicago, W. & N. Ry. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1887