Smith v. Potter
Wisconsin Supreme Court
The bill was filed on the 12th day of September, A. D. 1853. It is a mortgage foreclosure bill, upon land in Fond du Lac County.
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The bill was filed on the 12th day of September, A. D. 1853. It is a mortgage foreclosure bill, upon land in Fond du Lac County. The bill charges, that on the 22nd day of February, A. D. 1851, the defendant executed under his hand and seal, and delivered to the complainants, a bond bearing, date on that day, in the penal sum of one thousand dollars, with a condition thereunder written, in substance as follows: — “The condition of this obligation is such, that whereas the said Smith and Schooley, have this day sold to me, their undivided half of Steam Saw Mill, together with all their…
1Opinion of the Court
By the Coiurt,
Crawford, J.
We have been unable to find any thing in this cause to justify the Circuit Court in dismissing the bill.
The complainants filed their bill for the foreclosure of a mortgage given to them by the defendant, to secure the performance of the condition of a certain bond. By this bond the defendant undertook to pay different sums of money to different persons, to whom the complainants, the obligees in the bond, were in*436debted. The defendant was required to answer -the *■ . _ - bill, but an answer under oath was waived, and ac-C01.¿iingiy be filed his answer, admitting the…
2Cases cited2 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Bartlett v. GaleNew York Court of Chancery · 1834
3Cited by1 opinion
- Nay v. CrookWisconsin Supreme Court · 1845