Berry v. Doty
Wisconsin Supreme Court
The Mil in this case was filed July 29th, 1853, to foreclose a mortgage executed the 30th day of September, A. D. 1845, by Reuben M. Doty and Harriet his wife, to Robert H. Rowen, which mortgage was" subsequently assigned to the complainant. On the 6th day of February, A. D. 1851, the said Doty and wife mortgaged the said premises to William Nelson, one of the above named defendants. All o&the other defendants are subsequent, incumbrancers to Nelson.
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The Mil in this case was filed July 29th, 1853, to foreclose a mortgage executed the 30th day of September, A. D. 1845, by Reuben M. Doty and Harriet his wife, to Robert H. Rowen, which mortgage was" subsequently assigned to the complainant. On the 6th day of February, A. D. 1851, the said Doty and wife mortgaged the said premises to William Nelson, one of the above named defendants. All o&the other defendants are subsequent, incumbrancers to Nelson. Nicholas D. Fratt and Augustus C.' Taylor were personally served with a subpoena, and all the other defendants were brought in by notice and…
1Opinion of the Court
By the Court,
’ Smith,’ J,
This' cáse has once before ’been presented to this court’ for eorisi'defátióh,’and is reported'in the 4th volume of Wisconsin Reports, page 375. It was held on that occasion, that the 86th section of chapter 84 of the Revised Statutes, having relation to non-resident defendants, applied to foreclosure suits as well as to other causes ’in chancery. 'It was also’held, that by that section of the statute a non-resident defendant had thé right, withih the tirhe thereby limited,'to’appear and answer, and become entitled to such proceedings in the cause'touching his…
2Cases cited1 opinion
- Berry v. NelsonWisconsin Supreme Court · 1856
3Cited by3 opinions
- Dutcher v. CulverSupreme Court of Minnesota · 1877
- Vail v. Pennsylvania Fire InsuranceSupreme Court of New Jersey · 1901
- Power v. CatlinWisconsin Supreme Court · 1859