Fanning v. Murphy
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This is an appeal by the defendant J. T. Murphy, im-pleaded with others; from an order overruling his demurrer to the complaint in an action to foreclose a note and mortgage on real estate.
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Appeal from an order of the circuit court for Douglas county: A. J. Vinje, Circuit Judge. This is an appeal by the defendant J. T. Murphy, im-pleaded with others; from an order overruling his demurrer to the complaint in an action to foreclose a note and mortgage on real estate. The complaint alleges, in effect, that April 15, 1890, the plaintiff, W. B. Fanning, and the defendants M. Murphy, J. T. Murphy, and D. 0. Sullivan, together executed and delivered- to the Superior & Duluth Loan & Debenture Company (a corporation organized under the laws of this state) a promissory note, with six…
1Opinion of the CourtCassoday, C. J.
One ground of demurrer is that the complaint does not state facts sufficient to constitute a cause of action against the appellant. There can be no question but that the complaint states a good cause of action for the foreclosure of the mortgage. That is the primary object of the action. The statute authorized the plaintiff to unite in such action a demand for judgment for any deficiency on the sale “against every party” who might “be personally liable for the debt secured by the mortgage, whether the mortgagor or other persons, if upon the same contract which the mortgage was g'iyen to…
2Cases cited14 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Arnold v. . GreenNew York Court of Appeals · 1889
- Levy v. MartinWisconsin Supreme Court · 1880
- Muir v. BerkshireIndiana Supreme Court · 1875
- Palmeter v. CareyWisconsin Supreme Court · 1885
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3Cited by2 opinions
- Waukesha Savings, Building & Loan Ass'n v. HamillWisconsin Supreme Court · 1931
- Marling v. MaynardWisconsin Supreme Court · 1906