Hennesy v. Farrell
Wisconsin Supreme Court
APPEAL from the Circuit Coxu’t for Bodge County. Ejectment. Tbe answer sets up tbe facts stated in tbe opinion of tbe court, and “ demands judgment against tbe plaintiff, and for tbe costs of tbe action.”
Read the full summary
APPEAL from the Circuit Coxu’t for Bodge County. Ejectment. Tbe answer sets up tbe facts stated in tbe opinion of tbe court, and “ demands judgment against tbe plaintiff, and for tbe costs of tbe action.” Tbe defendant appealed from an order sustaining a demurrer to tbe answer. cited Gillett v. Eaton, 6 Wis., 30; Tollman v. Ely, id., 244; StarJc v. Brown, 12 id., 572, and cases there cited. contended tbat tbe defense pleaded, if good at all under sucb a mortgage as tbat alleged, should baye been made by tbe mortgagee bimself, after being let in to defend by order of court. 2. Where an…
1Opinion of the CourtDowner, J.
Michael Mulvaney, as guardian of two infants, sold and conveyed tbe land in dispute to tbe plaintiff: and she executed and delivered to tbe guardian a bond, with a condition tbat she would clothe, maintain and educate for a term of years tbe infants, and a mortgage on tbe land to secure tbe performance of tbe conditions of tbe bond. Tbe defendant alleges tbat those conditions have not been performed, and tbat be, by tbe dbection of Mulvaney, tbe guardian and mortgagee, peaceably went into possession of, and now resides upon, tbe said premises.
Is tbis averment sufficient to show tbat tbe…
2Cases cited1 opinion
- Jackson ex dem. Livingston v. BryanNew York Supreme Court · 1806
3Cited by13 opinions
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Chandler v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Hodgden v. Comm'rs of Ellsworth Co.Supreme Court of Kansas · 1873
- Bradford v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.