Cleveland v. Harrison
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbis action was commenced October 3d, 1860, to foreclose a mortgage dated March 8, 1854, given by Charles Harrison to secure a joint and several promissory note of the same date, executed by him and Caleb Harrison, payable six months from date, to the order of James Doyle.
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APPEAL from tbe Circuit Court for Milwaukee County. Tbis action was commenced October 3d, 1860, to foreclose a mortgage dated March 8, 1854, given by Charles Harrison to secure a joint and several promissory note of the same date, executed by him and Caleb Harrison, payable six months from date, to the order of James Doyle. The complaint alleges that the note was indorsed and the mortgage assigned by Doyle to one Hibbard in January, 1855 ; that Hibbard indorsed and assigned them in March, 1855, to one Scott, who died on or before the 1st of October, 1855; that said Hibbard was duly appointed…
1Opinion of the Court
By the Court,
Cole, J.
In Ely vs. Williams, 13 Wis., 1 and Munteith vs. Rahn, 14 id., 210, we have decided that an administrator has authority to sell and dispose of notes and mortgages belonging to the estate of the deceased, without any previous order of the probate court authorizing or directing him so to do, which disposes of the first point made on the brief of the counsel for the appellants. The only remaining question is that which arises upon the defense of the statute of limitations set up in the answer. The action is brought to foreclose a mortgage given by the appellant Charles…
2Cases cited1 opinion
- Williams v. ElyWisconsin Supreme Court · 1860
3Cited by9 opinions
- Pearce v. BuellOregon Supreme Court · 1892
- Engmann v. Estate of ImmelWisconsin Supreme Court · 1884
- Criss v. CrissWest Virginia Supreme Court · 1886
- French v. Grand Beach Co.Michigan Supreme Court · 1927
- Gillitzer v. DucharmeWisconsin Supreme Court · 1931
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