Moore v. Cord
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Cord brought an action against one Hirsch to foreclose a mortgage executed by him, without making Elizabeth Moore, wbo bad become tbe owner of tbe equity of redemption, a party. Tbe deed from Hirscb to Mrs. Moore was duly recorded. Tbe mortgage was made to secure two notes of $110 each, payable respectively on tbe 4tb of January, 1860, and tbe 4tb of January, 1861, with interest annually.
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APPEAL from the Circuit Court for Washington County. Cord brought an action against one Hirsch to foreclose a mortgage executed by him, without making Elizabeth Moore, wbo bad become tbe owner of tbe equity of redemption, a party. Tbe deed from Hirscb to Mrs. Moore was duly recorded. Tbe mortgage was made to secure two notes of $110 each, payable respectively on tbe 4tb of January, 1860, and tbe 4tb of January, 1861, with interest annually. Tbe judgment of foreclosure was rendered July 24tb, 1860. Tbe court found that there was then actually due to Gord $129.67, and that tbe whole amount…
1Opinion of the Court
By the Oourt,
PAINE, J.
If the complaint in this action can be sustained at all, it must be either as a bill to redeem or to prevent a cloud upon the plaintiff’s title. The mortgage was foreclosed for the non-payment of the first instalment; but the plaintiff, who was then the owner of the equity of *216redemption, was not made a party, tb.on.gb ber title was on .record. The premises being advertised, tbe plaintiff tendered tbe sum then due for principal and interest, which was received, but she tendered no costs. The defendant was proceeding to sell, when she afterwards tendered the amount of…
2Cases cited3 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Stark v. BrownWisconsin Supreme Court · 1860
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
3Cited by22 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Hosford v. JohnsonIndiana Supreme Court · 1881
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Sloan v. SloanSupreme Court of Florida · 1889
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
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