Baker v. Hawkins
Wisconsin Supreme Court
APPEALS from tbe Circuit Court for Winnebago County. Action for the foreclosure of a mortgage executed by James M. Hawkins and Abeline, his wife, to the plaintiff.
Read the full summary
APPEALS from tbe Circuit Court for Winnebago County. Action for the foreclosure of a mortgage executed by James M. Hawkins and Abeline, his wife, to the plaintiff. The complaint, in addition to the usual allegations in such cases, alleges that the lien of his mortgage upon all the mortgaged premises, except forty acres “in the S.E. qr.,” and not within the limits of any incorporated city or village, had been cut off by a foreclosure of a prior mortgage and a sale on execution upon a prior judgment, and that said mortgagor occupied said forty acres as a homestead, from a period prior to the…
1Opinion of the CourtDixon, C. J.
Whether the court below was correct or not in holding, as is said in the brief of counsel, that the wife of the mortgagor was a necessary party defendant, we think it to be perfectly clear that James D. Hawkins, who appears from the allegations of the complaint to be the owner of the equity of redemption, is such a party. And as to the other grounds of demurrer, or those not touching this point of defect of parties defendant, we are of opinion that none of them can be . sustained. And this leaves us only to consider the question of the sufficiency of the demurrer itself upon this one ground…
2Cases cited1 opinion
- Dias v. BouchaudNew York Court of Chancery · 1843
3Cited by10 opinions
- State v. MetschanOregon Supreme Court · 1896
- Browning v. SmithIndiana Supreme Court · 1894
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Wisconsin Finance Corp. v. GarlockCourt of Appeals of Wisconsin · 1987
- Murray v. McGarigleWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.