Connell v. Welch
Wisconsin Supreme Court
Appeal from au order of the circuit court for Calumet couuty: Geo. W. Bukuell, Circuit Judge. This is au actiou by oue tenant in common of certain real estate, who had redeemed the entire estate from two mortgages thereon, against her cotenants, to subject their interest in the property to a lien for their proper share of the redemption money, and to foreclose such lien.
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Appeal from au order of the circuit court for Calumet couuty: Geo. W. Bukuell, Circuit Judge. This is au actiou by oue tenant in common of certain real estate, who had redeemed the entire estate from two mortgages thereon, against her cotenants, to subject their interest in the property to a lien for their proper share of the redemption money, and to foreclose such lien. The complaint shows that the whole estate was originally owned by Ilira "Welch, now deceased, and that he gave two mortgages thereon; that these mortgages were not paid, and that upon-his death the lands descended to his…
1Opinion of the CourtWiNsnow, J.
The rule of law is well established that when-the estates of two persons are subject to a common mortgage, which one pays for the benefit of both, he becomes-entitled to a lien upon his cotenant’s share of 'the estate to-the amount of the equitable proportion of the sum paid to-*10Redeem, provided the equities of the parties are equal. Jones, Mortgages, § 1089; Stewart v. Stewart, 90 Wis. 516. In tbis case tbe equities of the parties are equal. Neither of them is personally liable to pay the mortgages, but they have succeeded to the ownership of the equity of redemption in the mortgaged lands,…
2Cases cited2 opinions
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Stewart v. StewartWisconsin Supreme Court · 1895
3Cited by5 opinions
- In Re Samuel G. Bialac, Debtor. Harsh Investment Corp. And Harsh Building Co. v. Samuel G. Bialac, in Re James T. Bialac, Debtor. Harsh Investment Corp. v. James T. BialacCourt of Appeals for the Ninth Circuit · 1983
- Hermance v. WeisnerWisconsin Supreme Court · 1938
- Bialac v. BialacCourt of Appeals for the Ninth Circuit · 1983
- Hansen v. Cerro Gordo State Bank of Clear LakeSupreme Court of Iowa · 1930
- Lamberson v. BaileyWisconsin Supreme Court · 1914