Legal Opinion

Morgan v. Hammett

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 14 opinions

APPEAL from the Circuit Court for Book County. This action was commenced in the circuit court for La Payette county, and removed for trial to the circuit court for Bock county.

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APPEAL from the Circuit Court for Book County. This action was commenced in the circuit court for La Payette county, and removed for trial to the circuit court for Bock county. The facts alleged in the complaint and found by the court, are substantially as follows: In 1850, Frederick Shad-wick executed to one Prideaux, at two different times, for borrowed money, three notes for $100 each, payable in one and two years, with interest, and also executed with his wife two mortgages at the same times, upon the south-east quarter of section thirty, town four, in La Fayette county, to secure said…

1Opinion of the Court

The following opinion, finally disposing of the cause, was filed at the June term, 1868.

Cole, J.

At the former hearing of this case we thought the judgment of the circuit court should be affirmed, upon the ground that if the title which the plaintiff acquired at the administrator’s sale should turn out to be a perfect one, this would furnish a sufficient answer to his application for equitable relief. We are now satisfied that this view of the case cannot be entertained upon the facts found by the court below. *40For the court found that the administrator, for the purpose of raising money to pay…

2Cited by14 opinions

  1. Fievel v. ZuberTexas Supreme Court · 1887
  2. Levy v. MartinWisconsin Supreme Court · 1880
  3. Charmley v. CharmleyWisconsin Supreme Court · 1905
  4. Appeal of SchæffnerWisconsin Supreme Court · 1876
  5. Hughes v. ThomasWisconsin Supreme Court · 1907

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