Spraggon v. McGreer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. This was an appeal from an order of the circuit court re fusing to set aside a -judgment, taken by default, foreclosing a mortgage executed by the defendant. The affidavit of the defendant upon which the motion was based, showed, among other things, that the notice of lis pendens filed in the action did not correctly describe the mortgaged premises.
1Opinion of the Court
By the Court,
Paine, J.
Notwithstanding what was said in the case of Boyd vs. Weil, 11 Wis., 58, on the subject of filing a notice of lis pendens, we have at the present term, in Manning vs. McClurg, held that a failure to file such notice properly, is a defect of which the mortgagor may take advantage. We there held that under our statutes the proof of the filing is no part of the record, and that where the judgment recited that proper proof was’ given, it could not be reversed unless it appeared of record that it was not so. It follows that in such cases, unless the mortgagor is present and…
2Cases cited1 opinion
- Boyd v. WeilWisconsin Supreme Court · 1860
3Cited by2 opinions
- Watson v. WilcoxWisconsin Supreme Court · 1876
- McBride v. WrightWisconsin Supreme Court · 1889