Legal Opinion

Parish v. Marvin

Wisconsin Supreme Court

Decided May 15, 1862PublishedCited by 8 opinions

APPEAL from the Circuit Court for Orawford County. One Hale obtained in the Dane circuit court, a judgment of foreclosure and sale upon a mortgage made by one Massing to secure anote executed by him to Parish, and indorsed by Parish to a third person, under whom Hale claimed.

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APPEAL from the Circuit Court for Orawford County. One Hale obtained in the Dane circuit court, a judgment of foreclosure and sale upon a mortgage made by one Massing to secure anote executed by him to Parish, and indorsed by Parish to a third person, under whom Hale claimed. The judgment directed payment by Massing and Parish of any deficiency; and by a subsequent order of said court, execution was issued against them for a deficiency, upon which certain land of Parish, in Crawford county, was levied upon and sold. Marvin claimed some interest in the land by assignment of the certificate of…

1Opinion of the Court

Dy the Court,

Dixon, O. J.

This action is quite nondescript in its character. It was commenced in the circuit court of Crawford county to reverse a judgment of the circuit court of Dane, to remove a cloud from the plaintiff’s land title, and for a perpetual injunction. The judgment of the Dane circuit court was in equity, and the principal grounds for reversal are, errors of law appearing on the face of the judgment, and newly discovered evidence. Fraud in obtaining the judgment is likewise claimed, but not sustained by the averments of the complaint. The case depends en. tirely on the alleged…

2Cases cited1 opinion

  1. Arnold v. StylesIndiana Supreme Court · 1831

3Cited by8 opinions

  1. Johnson v. ColemanWisconsin Supreme Court · 1868
  2. Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
  3. Stein v. BenedictWisconsin Supreme Court · 1892
  4. Orient Insurance Co. v. SloanWisconsin Supreme Court · 1888
  5. Cardinal v. Eau Claire Lumber Co.Wisconsin Supreme Court · 1890

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