Tompkins v. Halstead
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. Foreclosure of a mortgage on the west half and north-east quarter of a certain quarter section of land, executed by Cyrus Curtiss, April 13, 1855, to secure his note of same date.
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APPEAL from the Circuit Court for Rode County. Foreclosure of a mortgage on the west half and north-east quarter of a certain quarter section of land, executed by Cyrus Curtiss, April 13, 1855, to secure his note of same date. The complaint alleges that afterwards Curtiss sold the premises to the defendant Curtis Halstead, and executed a deed to him, or to Diana Halstead, his wife, or to some one for their benefit, which deed has never been recorded; that upon such purchase Curtis and Diana Halstead, or one of them, undertook and promised to pay the mortgage, as part payment of the purchase…
1Opinion of the CourtCole, J.
The principal objection relied on in support of the demurrer, is the general one, that the complaint does not state facts sufficient to constitute a cause of action. It is an ordinary complaint to foreclose a mortgage. And we cannot see but that it contains all the allegations essential to maintain the action. It is said that it is admitted in the complaint that the title to the land embraced in the mortgage given the state, had, by the commissioners’ sale, become vested in one Chester Clark, and that there should be something to avoid the effect of this admission. It is alleged, in…
2Cited by3 opinions
- Dorff v. BornsteinNew York Court of Appeals · 1938
- Plum v. Studebaker Bros.' ManufacturingSupreme Court of Missouri · 1886
- Milford v. CulpepperCourt of Appeals of Texas · 1931