Phelps v. Rooney
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action brought by the appellant against the respondents and others, in the circuit court of Milwaukee county, for the foreclosure of a mortgage given by John Rooney to William Phelps, on two parcels of ground, to wit: Lot 4 in sub-division of quarter blocks 21,22, 23 and 24, Sic.-, and the south one-third of lot 4, in block 5, in the third ward of the city of Milwaukee, dated May 21st, 1856, to secure $3,300, and…
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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was an action brought by the appellant against the respondents and others, in the circuit court of Milwaukee county, for the foreclosure of a mortgage given by John Rooney to William Phelps, on two parcels of ground, to wit: Lot 4 in sub-division of quarter blocks 21,22, 23 and 24, Sic.-, and the south one-third of lot 4, in block 5, in the third ward of the city of Milwaukee, dated May 21st, 1856, to secure $3,300, and interest. The summons and complaint are in the usual form, and duly served. The complaint described the mortgage and the bond…
1Opinion of the Court
By the Court,
Cole, J.
The only question we have to consider in this case is, whether the south one-third of lot 4, in block 5, with the building and appurtenances thereon situated, and which premises are generally decribed in the evidence in this cause, as “store No. 107, East Water street,” really constituted a homestead within the meaning and intent of § § 51 and 52 of chap. 102, R. S., 1849.
Those sections read as follows:
“ § 51. A homestead consisting of any quantity of land not exceeding forty acres used for agricultural purposes, and the dwelling house thereon, and its appurtenances, to…
2Cited by37 opinions
- Fink v. O'NeilSupreme Court of the United States · 1882
- People ex rel. Woodyatt v. ThompsonIllinois Supreme Court · 1895
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
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