Bishop v. Douglass
Wisconsin Supreme Court
APPEAL from the Circuit Court of Hacine QomAj. James and Alexander Dotoglass demurred to the complaint in an action for the foreclosure of a mortgage (to which they were made defendants with the mortgagor and others), on the grounds that several causes of action were improperly united therein, that the cause of action alleged against said defendants was barred by the statute of limitations, and that facts were not stated sufficient to constitute a cause of action against…
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APPEAL from the Circuit Court of Hacine QomAj. James and Alexander Dotoglass demurred to the complaint in an action for the foreclosure of a mortgage (to which they were made defendants with the mortgagor and others), on the grounds that several causes of action were improperly united therein, that the cause of action alleged against said defendants was barred by the statute of limitations, and that facts were not stated sufficient to constitute a cause of action against them. The demurrer was overruledand they appealed from the order. The grounds of their alleged liability will appear from…
1Opinion of the Court
Paiíte, J.
This is a demurrer to a complaint for the foreclosure of a mortgage. The complaint alleges that the appellants purchased the property from the mortgagor subject to the mortgage, and that the deed to them contained a clause by which they assumed and agreed to *699pay it. So far as appears from the complaint, they are proceeded against as subsequent purchasers in order to bar their right of redemption, and the plaintiff also asks a personal judgment against them for the deficiency, if any, that may arise on a sale.
In support of the.demurrer it is claimed that there is a misjoinder of…
2Cited by22 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Nutter v. MroczkaMassachusetts Supreme Judicial Court · 1939
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Enos v. SangerWisconsin Supreme Court · 1897
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