Ward v. Clark
Wisconsin Supreme Court
APPEAL IN EQUITY EROJÍ THE MILWAUKEE CIRCUIT COURT. This is an appeal from an order of the circuit court of Milwaukee county, hy Lyndsay Ward, who was purchaser of mortgaged premises, at a sale under final decree of foreclosure, in a suit where John A. 0. Gray was complainant, and Henry A. Hayden and Virginia Hayden were defendants.
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APPEAL IN EQUITY EROJÍ THE MILWAUKEE CIRCUIT COURT. This is an appeal from an order of the circuit court of Milwaukee county, hy Lyndsay Ward, who was purchaser of mortgaged premises, at a sale under final decree of foreclosure, in a suit where John A. 0. Gray was complainant, and Henry A. Hayden and Virginia Hayden were defendants. The final decree was entered August 16th, 1855, for $238,23, besides costs: the premises were regularly advertised pursuant to the decree, and sold on the 13th of October, to the appellant for the sum of $3,400. After paying the decree and costs, the balance of…
1Opinion of the Court
By the Court,
Smith, J.
There is one question raised in the argument of this cause, which lies at the foundation of the rights of the respective parties, so far as this proceeding is concerned ; and that is in regard to the staf/ics of the appellee, (Clark) in court. If he has no right to contest the claims of the purchaser (Ward) in this form, then the other questions presented by the evidence are not required to be discussed or decided, because they are not presented to the court in the proper form for adjudication. We shall therefore direct our attention to this first stage of inquiry as to…
2Cases cited1 opinion
- Brown v. FrostNew York Court of Chancery · 1843
3Cited by8 opinions
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
- Gumz v. ChickeringWisconsin Supreme Court · 1963
- Rogers v. ShoveWisconsin Supreme Court · 1898
- Rogers v. HœnigWisconsin Supreme Court · 1879
- State Ex Rel. City of Grand Island v. TillmanNebraska Supreme Court · 1962
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