Cottrell v. Shepherd
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action to foreclose a mortgage. The faóts are stated in the opinion. The plaintiff excepted to the refusal of the trial court to order judgment for any deficiency against the defendant Hennj Shepherd, and appealed from the judgment of foreclosure, which does not contain such an order.
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APPEAL from the Circuit Court for Outagamie County. Action to foreclose a mortgage. The faóts are stated in the opinion. The plaintiff excepted to the refusal of the trial court to order judgment for any deficiency against the defendant Hennj Shepherd, and appealed from the judgment of foreclosure, which does not contain such an order. He contended, inter' alia, that the mortgagee could regard both Shepherd and his grahtee, who assumed the debt, as principal debtors; that Shepherd by his acts had made his grantee his agent to make payments; and that payments made by the grantee were the same…
1Opinion of the Court
Oetoit, O. J.
This is an action to foreclose a mortgage executed by the defendant Henry Shepherd and Margaret, his wife, to the plaintiff, on certain premises, on the 19th day of October, 1877, to secure a note given by and to the same persons, of $250, at the same time, with ten per cent, interest, payable the 1st day of June, 1883. The action was commenced August 9,1890. On the 29th day of June, 1878, the said defendants sold and deeded the mortgaged premises to one Louis Roussau in consideration of $310, and said deed contained a covenant against incumbrances, except the said mortgage, and…
2Cases cited5 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Lord v. MorrisCalifornia Supreme Court · 1861
- Trustees of the Old Alms-House Farm v. SmithSupreme Court of Connecticut · 1885
- Day v. BaldwinSupreme Court of Iowa · 1872
- Zoll v. CarnahanSupreme Court of Missouri · 1884
3Cited by12 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Turner v. PowellMontana Supreme Court · 1929
- Damon v. LequeWashington Supreme Court · 1897
- Provident Institution for Savings v. MerrillMassachusetts Supreme Judicial Court · 1942
- Trent v. JohnsonSupreme Court of Arkansas · 1932
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