Knox v. Galligan
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. Foreclosure of a mortgage made 18th June, 1852, to one Lenck, by defendant to secure his notes of the same date; and assigned to plaintiff by the executrix of said Lenck.
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APPEAL from the County Court for Milwaukee County. Foreclosure of a mortgage made 18th June, 1852, to one Lenck, by defendant to secure his notes of the same date; and assigned to plaintiff by the executrix of said Lenck. The suit was brought in 1866. The mortgage contained a covenant by the mortgagor to pay the taxes; and the complaint alleges sales of the land in 1859, 1860 and 1862, for unpaid taxes; that plaintiff had subsequently paid the taxes and taken an assignment of the certificates; that the amount thereof, with interest, was $436, and defendant had never paid any part thereof, nor…
1Opinion of the CourtDowner, J.
The appellants contend that the county court erred, 1. In overruling the defense of the statute of limitations. 2. In holding the assignment of the mortgage valid. 8. In finding that there-was sufficient evidence of unpaid taxes, and that they were a lien on the mortgaged premises.
The ruling of the court below on the statute of limitations is in harmony with the decision of this court, made at the last term, in Wiswell v. Baxter, 20 Wis., 680.
The appellants are not in a position to assail the transfer of the mortgage by the administratrix of the estate of the mortgagee because she sold it for…
2Cases cited1 opinion
- Wiswell v. BaxterWisconsin Supreme Court · 1866
3Cited by5 opinions
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Bur v. BongWisconsin Supreme Court · 1915
- Ogden v. BradshawWisconsin Supreme Court · 1915
- Delaney v. BrunetteWisconsin Supreme Court · 1885
- United States v. PeacockDistrict Court, D. Hawaii · 1902