Legal Opinion

Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.

Wisconsin Supreme Court

Decided July 1, 1856PublishedCited by 15 opinions

Bill of foreclosure filed by the Madison, Watertown and Milwaukee Plank Road Company against the Watertown and Portland Plank Road Company, of a certain mortgage given by the defendants to the complainants to secure the payment of certain evidences of debt given by the former to the latter. The case Aras heard upon the bill and plea covering the whole ease made by the bill.

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Bill of foreclosure filed by the Madison, Watertown and Milwaukee Plank Road Company against the Watertown and Portland Plank Road Company, of a certain mortgage given by the defendants to the complainants to secure the payment of certain evidences of debt given by the former to the latter. The case Aras heard upon the bill and plea covering the whole ease made by the bill. The substance of the bill, and plea in form, is set out in the opinion of the court, but as the mortgage and “ simple bills ” are somewhat peculiar, one of the latter is here inserted, the others differing from it only as…

1Opinion of the Court

By the Court,

Smith, J.

This was a bill filed by the complainants, appellees, against the defendants, appellants, for the foreclosure of a certain mortgage executed by the defendants to the complainants, to secure the payment and interest of three several evidences of debt, called by the complainants “ certain *178instruments in writing, or simple bills,” by wbicb tbe defendants acknowledged themselves to owe, for borrowed money, tbe complainants, or bearer, tbe respective sums of $1,000, $2,000 and $1,000, wbicb said sums tbe defendants promised to pay to tbe complainants in four years from tbe…

2Cases cited2 opinions

  1. Allen v. RandolphNew York Court of Chancery · 1820
  2. Bolton v. GardnerNew York Court of Chancery · 1831

3Cited by15 opinions

  1. City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
  2. Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
  3. Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
  4. State ex rel. Priest v. Regents of the UniversityWisconsin Supreme Court · 1882
  5. Lewis v. American Savings & Loan Ass'nWisconsin Supreme Court · 1898

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