Bunker v. Locke
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. This action was commenced by tbe assignee of a mortgage, to restrain tbe 'mortgagor from cutting down and removing tbe timber growing on tbe mortgaged premises.
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APPEAL from tbe Circuit Court for Walworth County. This action was commenced by tbe assignee of a mortgage, to restrain tbe 'mortgagor from cutting down and removing tbe timber growing on tbe mortgaged premises. Tbe complaint alleged that tbe mortgagor was insolvent; that tbe plaintiff bad no other security for bis debt than tbe mortgaged premises; that these premises, consisting of twenty acres of wood land, would be inadequate security if tbe timber and wood growing thereon should be removed; that tbe defendant was engaged in cutting down and taking away said timber, and threatened to cut…
1Opinion of the Court
By the Courts
Cole, J.
It probably would be admitted that the appellant was entitled to an injunction to restrain . the commission of waste upon the land mortgaged to him, unless it be held that such land is a part of the homestead, and therefore the mortgage void, not being signed by the wife. The complaint states that the value of the land will be greatly depreciated if the timber is taken off, and that the security will be inadequate, and that in consequence of the insolvency of the mortgagor, this mortgaged property is all that the appellant has to resort to, to collect his debt. Under…
2Cases cited3 opinions
- Walters v. PeopleIllinois Supreme Court · 1859
- Walters v. PeopleIllinois Supreme Court · 1856
- Ensign v. ColburnNew York Court of Chancery · 1845
3Cited by11 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Randal v. ElderSupreme Court of Kansas · 1873
- Fairbank v. CudworthWisconsin Supreme Court · 1873
- Kresin v. MauSupreme Court of Minnesota · 1870
- McFarland v. GoodmanU.S. Circuit Court for the District of Eastern Wisconsin · 1874
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