Helms v. Chadbourne
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. In February, 1858, Cornelius and Abram Helms, being seized in undivided moieties, as tenants in common in fee, of a large tract of land in this state, and being indebted to the firm of Gross & March, of the city of Hew York, in the sum of $2,750, executed and delivered to said firm their joint and several promissory note for that sum, payable in eight months, with 'interest, together with a mortgage on said land, as security…
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APPEAL from the Circuit Court for Columbia County. In February, 1858, Cornelius and Abram Helms, being seized in undivided moieties, as tenants in common in fee, of a large tract of land in this state, and being indebted to the firm of Gross & March, of the city of Hew York, in the sum of $2,750, executed and delivered to said firm their joint and several promissory note for that sum, payable in eight months, with 'interest, together with a mortgage on said land, as security for the payment of such note. In October, 1859, after said note had become due, Cornelius and Abram Helms, with their…
1Opinion of the Court
Cole, JV
I. We quite agree with the learned circuit judge in the view that the summons, in the foreclosure suit brought by Gross and March in the circuit court of Marathon county, was not served upon the infants Arthur C. Helms and Emma J. Beardsley (then Helms') in the manner required by statute; consequently the court acquired no jurisdiction over such infants, and the judgment in the action, so far as it attempted to bar or foreclose their rights, is void. It is conceded that these infants, at the time of such attempted service, were under fourteen years of age, and were living with their…
2Cases cited7 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Law v. GrantWisconsin Supreme Court · 1875
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Hodges v. WiseSupreme Court of Alabama · 1849
- Sanders v. GodleySupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cutler v. JamesWisconsin Supreme Court · 1885
- Harris v. SargeantOregon Supreme Court · 1900
- Hooser v. HuntWisconsin Supreme Court · 1886
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- Scott v. BrownSupreme Court of Oklahoma · 1913
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