Akerly v. Vilas
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Alcerly brought an action in tbe Dane circuit court in September, 1860, against L. B. Vilas and wife, to foreclose a mortgage given by them in September, 1855, to said Aherly and Louisa S. Lord, to secure tbe payment of certain bonds made by said Vilas.
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APPEAL from tbe Circuit Court for Dane County. Alcerly brought an action in tbe Dane circuit court in September, 1860, against L. B. Vilas and wife, to foreclose a mortgage given by them in September, 1855, to said Aherly and Louisa S. Lord, to secure tbe payment of certain bonds made by said Vilas. Tbe complaint alleged that tbe plaintiff was tbe owner of tbe bonds and mortgage, and demanded a judgment against L. B. Vilas for any deficiency wbicb might remain after a sale of tbe mortgaged premises. L. B. Vilas filed an answer, setting up several grounds of defense and counter claim. Tbe…
1Opinion of the Court
By the Court,
DixoíT, 0. J.
The plaintiff was properly restrained from prosecuting his action at law on the bonds. The refusal to convey the lands in Green and Grant counties, the nbn-delivery of the certificates of stock, and the failure of title to a portion of the lots in Prairie du Ohien, as set forth in the first and second defenses of the answer, constitute, if not complete, at least partial defenses or counter-claims to the cause of action stated in the complaint. They arise out of the same transaction, and are properly pleaded in this action. E. S., chap. 125, secs. 10, 11; Walker v.…
2Cases cited2 opinions
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