Mariner v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the' Circuit Court for Milwaukee County. Ejectment for the west sixty feet of lot 6, block 41, in the second ward of the city of Milwaukee. Plaintiff claims under a judgment sale made in December, 1858, in the suit of one Carney against the La Crosse & Milwaukee Railroad Company.
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APPEAL from the' Circuit Court for Milwaukee County. Ejectment for the west sixty feet of lot 6, block 41, in the second ward of the city of Milwaukee. Plaintiff claims under a judgment sale made in December, 1858, in the suit of one Carney against the La Crosse & Milwaukee Railroad Company. (See 15 Wis. 303.) Defendant claims under a judgment sale subsequently made in a suit of one Cleveland against the same railroad company; and also. claims that plaintiff is estopped from setting up his title under the Carney judgment. The following facts appear from the record: In June, 1857, the La…
1Opinion of the CourtCole, J.
To defeat the plaintiff’s recovery, the answer sets up various matters in the nature of a suit in equity under the old practice, and therefore the merits of that defense must be decided upon equitable grounds. If for any reason it would be unjust and unconscionable to allow the title of the plaintiff to prevail as against the facts stated in the answer and proven on the trial, equity will relieve against it.
It appears that previous to the issuing of. execution on the Hill & Rudd judgment, the plaintiff had acquired the title under the Carney sale. He then issued execution for the full amount…
2Cases cited1 opinion
- Smith v. JackSupreme Court of Pennsylvania · 1841
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