Legal Opinion

Bennett v. Keehn

Wisconsin Supreme Court

Decided May 31, 1883PublishedCited by 8 opinions

APPEAL from, the County Court of Mifooaulcee County. The action was brought to foreclose a mortgage executed by the defendant Emma A. Iiewitt to one Callie McDonald (and by her assigned to the plaintiff) on twenty-three lots in certain additions to the city of Milwaukee. The mortgage was given to secure the payment of the promissory note of Mrs. Hewitt to Mrs. McDonald for $1,400. The complaint contains the averments usual in foreclosure actions. The defendant Jenny M..

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APPEAL from, the County Court of Mifooaulcee County. The action was brought to foreclose a mortgage executed by the defendant Emma A. Iiewitt to one Callie McDonald (and by her assigned to the plaintiff) on twenty-three lots in certain additions to the city of Milwaukee. The mortgage was given to secure the payment of the promissory note of Mrs. Hewitt to Mrs. McDonald for $1,400. The complaint contains the averments usual in foreclosure actions. The defendant Jenny M.. Keehn alone answered the complaint. Being then a minor, she answered by her guardian, J. C. McKenney, Esq. Her answer is, in…

1Opinion of the CourtLyoh, J.

It is alleged in the answer .that when the tax certificates were issued which are the basis of the tax deeds to Smith, Mr. Rogers held the record title to the lots covered by such certificates and deeds; that is to say, he was the legal owner of such lots. This allegation is understood to be direct and positive. It is also averred, on information and belief, that when such lots were conveyed by Rogers and Burnham to the mortgagor —• the defendant Emma A. *587Hewitt — Mr. Rogers owned such certificates. If these are the facts (and on demurrer they stand admitted) the interest in the lots which…

2Cases cited10 opinions

  1. Graham v. Railroad Co.Supreme Court of the United States · 1880
  2. Smith v. LewisWisconsin Supreme Court · 1866
  3. French v. ShotwellNew York Court of Chancery · 1821
  4. Newman v. KershawWisconsin Supreme Court · 1860
  5. Crocker v. BellangeeWisconsin Supreme Court · 1858

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bennett v. KeehnWisconsin Supreme Court · 1886
  2. Sanders v. RansomSupreme Court of Florida · 1896
  3. Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
  4. Dreutzer v. LawrenceWisconsin Supreme Court · 1883
  5. Harrell v. SurfaceMissouri Court of Appeals · 1942

3 more not listed; retrieve them via the Exa API.

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