Hoppin v. Doty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage for $4,000, given in March, 1854, by the defendant Lennan to the La Crosse and Milwaukee Pailroad Company, and assigned in 1855, for value, to persons from whom the plaintiff purchased it.
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APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage for $4,000, given in March, 1854, by the defendant Lennan to the La Crosse and Milwaukee Pailroad Company, and assigned in 1855, for value, to persons from whom the plaintiff purchased it. The complaint showed that part of the mortgaged premises was sold at sheriff’s sale in 1862, upon the foreclosure of a mortgage for $112, given hy Lennan to one McNeil in 1852, and was bought hy one Munn, who afterwards quitclaimed it to the defendant Doty. The complaint alleged that the mortgage to McNeil had been paid…
1Opinion of the CourtCole, J.
The evidence fails to show that the McNeil mortgage, which was the prior incumbrance on the land in section 31, had been paid. It was alleged in the complaint, that at the time of the execution of the mortgage sought to be foreclosed in this suit, this prior mortgage had in fact been paid, but had been left undischarged of record. This allegation, however, was not sustained by the testimony. Nor does the evidence in the case sustain the *623further allegation of the complaint, that Munn paid nothing at the foreclosure sale of the prior mortgage, and that whatever money was paid at that sale was…
2Cited by3 opinions
- Ehle v. BrownWisconsin Supreme Court · 1872
- Sonnenberg v. SteinbachSouth Dakota Supreme Court · 1897
- Trustees', Executors' & Securities' Insurance v. BowlingCourt of Appeals of Kansas · 1896