Legal Opinion

Farmers' & Millers' Bank of Milwaukee v. Eldred

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 4 opinions

APPEAL from tbe Circuit Court for Bocine County. Tbis action was commenced in 1862 in tbe Milwaukee circuit court, to foreclose a mortgage upon certain lots in tbe city of Milwaukee, executed to tbe plaintiff by Anson Eldred and wife. It was removed to tbe Racine ckcuit court.

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APPEAL from tbe Circuit Court for Bocine County. Tbis action was commenced in 1862 in tbe Milwaukee circuit court, to foreclose a mortgage upon certain lots in tbe city of Milwaukee, executed to tbe plaintiff by Anson Eldred and wife. It was removed to tbe Racine ckcuit court. Summons was served by pubbeation upon a large number of defendants, by order of court based upon an affidavit of one of tbe plaintiff’s attorneys, wbicb states “ tbat a summons bas been issued in tbe action against all tbe defendants; tbat tbis action . is brought for the foreclosure of a mortgage, and the subject…

1Opinion of the Court

Tbe following opinion was filed at tbe June term, 1865.

Cole, J.

Tbe affidavit for publication is sufficient. It states ' that tbe action is brought to foreclose a mortgage, and that tbe defendants (naming them) in respect to whom s'ervice is to be made, “ are proper parties to said action, and have or claim a lien or interest in tbe aforesaid property by virtue of judgments which are subsequent to tbe mortgage set forth in tbe com- ■ plaint; that tbe relief demanded by tbe said complaint against them consists in wholly excluding them, tbe defendants, from any interest or lien in tbe aforesaid…

2Cited by4 opinions

  1. Cummings v. TaborWisconsin Supreme Court · 1884
  2. Sueterlee v. SirWisconsin Supreme Court · 1870
  3. Clarke v. Shoshoni Lumber Co.Wyoming Supreme Court · 1924
  4. Young v. SchenckWisconsin Supreme Court · 1868

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