Walton v. Cody
Wisconsin Supreme Court
APPEAL PROM THE CIRCUIT COURT OP DANE COUNTY.-IN EQUITY. The facts of the case are fully stated in the opinion of the court. I.The plaintiffs cannot recover in this case, he-cause, 1. The hill does not state that the notes and mortgage are the property of the plaintiffs. Miff. FI. 38, 45, 50 and note 1; F. Stat. 413, § 5 ; Smith's Oh. Ft. 83 and Note A. 2. The hill does not state there was a defeasance ; if not, ejectment, and not a hill for foreclosure was the remedy. II.
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APPEAL PROM THE CIRCUIT COURT OP DANE COUNTY.-IN EQUITY. The facts of the case are fully stated in the opinion of the court. I.The plaintiffs cannot recover in this case, he-cause, 1. The hill does not state that the notes and mortgage are the property of the plaintiffs. Miff. FI. 38, 45, 50 and note 1; F. Stat. 413, § 5 ; Smith's Oh. Ft. 83 and Note A. 2. The hill does not state there was a defeasance ; if not, ejectment, and not a hill for foreclosure was the remedy. II. The plaintiffs cannot recover, because by the rules of chancery and law, the answer is a complete defence. 1. By bringing…
1Opinion of the Court
By the Oow-i,
Smith, J.
This case is brought up on appeal in chancery fi’Qm the decree of the Cix’cuit Court of Dane county.
The appellees and complainants filed in the Circuit Court their bill for the foreclosure of a mortgage, made by the defendant below, to secure the payment of three promissory notes — one for $50, payable sixty days from date; one for $50, payable on the first day *423of January, 1850; and one for $100, payable one year from date — all bearing date Sept. 18tb, 1849.
Tbe bill sets forth that the defendant, on the 18 th day of September, 1849, being indebted to the complainants in…
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