Smith v. Lewis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Foreclosure of a mortgage. The defendants Lewis and wife and. Tesch asserted by their answer a paramount title, undertax deeds. The court found the facts substantially as follows : In June, 1856, N. M. Juneau gave his note for $1000 to the La Crosse & Milwaukee Kailroad Company, secured by the mortgage in, suit, which was recorded July 5,1856; the mortgagor covenanting therein to pay all taxes, &c.
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APPEAL from the Circuit Court for Dodge County. Foreclosure of a mortgage. The defendants Lewis and wife and. Tesch asserted by their answer a paramount title, undertax deeds. The court found the facts substantially as follows : In June, 1856, N. M. Juneau gave his note for $1000 to the La Crosse & Milwaukee Kailroad Company, secured by the mortgage in, suit, which was recorded July 5,1856; the mortgagor covenanting therein to pay all taxes, &c. Said note and mortgage were for value assigned by the company to one Luding-tpnj.as security for the payment of a bond of the company running to…
1Opinion of the CourtDowner, J.
The respondents insist that as there is no bill of exceptions the judgment of the circuit court must be affirmed, and refer us to Merwin v. O'Day, 9 Wis., 156, and New York authorities. Section 15, ch. 264, Laws of 1860, provides that it shall be necessary to cause a bill of exceptions to be made part of the record only when the alleged errors, without the bill, would not appear upon the face of the record. The finding of the court is a part of the record, and also the judgment ; and if the facts found do not warrant the judgment, the error is apparent without a bill of exceptions.
Are the tax…
2Cases cited3 opinions
- Merwin v. DayWisconsin Supreme Court · 1859
- Blake v. HoweSupreme Court of Vermont · 1826
- Willard v. StrongSupreme Court of Vermont · 1842
3Cited by37 opinions
- Gould v. DaySupreme Court of the United States · 1877
- Oswald v. WolfIllinois Supreme Court · 1889
- Allen v. AllenWisconsin Supreme Court · 1902
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
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