Draper v. Emerson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action to avoid for usury certain mortgages executed to Emerson by one Platt, in June and November, 1859. Plaintiffs claim to own the mortgaged premises as purchasers at judicial sales of Platt’s interest. The complaint did not aver payment or tender of any part of the sums which the mortgages were given to secure.
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APPEAL from the Circuit Court for Brown County. Action to avoid for usury certain mortgages executed to Emerson by one Platt, in June and November, 1859. Plaintiffs claim to own the mortgaged premises as purchasers at judicial sales of Platt’s interest. The complaint did not aver payment or tender of any part of the sums which the mortgages were given to secure. An injunctional order was granted, restraining Emerson, until final judgment in the action, from foreclosing the equity of redemption and selling the land by advertisement. ■ Emerson moved to dissolve the injunction, on the ground…
1Opinion of the CourtDixon, C. J.
The case of Platt v. Robinson, 10 Wis., 133, and others following, cited by counsel for respondents, stood upon the peculiar phraseology of the statute, sec. 2, chap. 55, Laws of 1856. The repeal of that section, and the substitution of sec. 6, chap. 160, Laws of 1859, evinced an intention on the part of the legislature to change the rule. Section 6, last cited, was adopted from New York, in which state it had received a well settled judicial construction, which was, that the remedy given by it was limited to the person actually borrowing the money, etc., and to those standing in his place in…
2Cases cited1 opinion
- Platt v. RobinsonWisconsin Supreme Court · 1859
3Cited by18 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Killen v. BarnesWisconsin Supreme Court · 1900
- State v. BullenWisconsin Supreme Court · 1910
- Kilkelly v. StateWisconsin Supreme Court · 1878
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