Stevens v. Brooks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The complaint avers in substance tbe following facts : In January, 1837, one Noonan sold and conveyed to Eield and Ford, then residents of Chicago, Ill., an undivided fourth interest in certain lands (about 1,400 acres) in Dane county, for $3,080; and took from the grantees, on the same day, a bond and a mortgage of the premises, to secure the purchase money.
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APPEAL from the Circuit Court for Dane County. The complaint avers in substance tbe following facts : In January, 1837, one Noonan sold and conveyed to Eield and Ford, then residents of Chicago, Ill., an undivided fourth interest in certain lands (about 1,400 acres) in Dane county, for $3,080; and took from the grantees, on the same day, a bond and a mortgage of the premises, to secure the purchase money. Eield and Eord shortly thereafter deeded back said premises to Noonan for a good and sufficient consideration. Afterwards, in May, 1837, Noonán sold and conveyed to Eield and Eofd the entire…
1Opinion of the CourtDixoN, C. J.
Assuming that tbe grantees of Noonan became assignees of tbe mortgage in proportion to tbe value of tbe land attempted to be conveyed to each, and that tbe actions by Earwell, Boby and others, against Noonan, Boys and others, were properly commenced as well in behalf of all other persons interested and not named as of tbe plaintiffs named, still I think that tbe complaint states no cause of action. I'think tbe plaintiff altogether mistakes tbe true relation of tbe persons not named to tbe actions which were thus commenced in their behalf. He seems to suppose that they were real parties to tbe…
2Cases cited1 opinion
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
3Cited by6 opinions
- Holderman v. HoodSupreme Court of Kansas · 1904
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
- Stevens v. BrooksWisconsin Supreme Court · 1868
- Alber v. City of KansasSupreme Court of Kansas · 1933
- State Bank of La Crosse v. BienfangWisconsin Supreme Court · 1907
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