Kennedy v. Waugh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Action to foreclose a mortgage. The complaint charged the defendant W'augh with claiming title to the mortgaged premises under a tax deed, hut that said tax deed was taken and held by him for the benefit of and in collusion with the mortgagor, for the purpose of cutting off the plaintiff’s mortgage.
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APPEAL from the Circuit Court for Columbia County. Action to foreclose a mortgage. The complaint charged the defendant W'augh with claiming title to the mortgaged premises under a tax deed, hut that said tax deed was taken and held by him for the benefit of and in collusion with the mortgagor, for the purpose of cutting off the plaintiff’s mortgage. WaugWs answer set up a claim of title under a tax deed issued subsequently to the date of the mortgage, but failed to traverse the charge of collusion in its procurement, contained in the complaint; and on the trial, judgment was rendered for the…
1Opinion of the CourtDixoN, C. J.
The mistake of the defendant’s attorney in not putting in an answer in the first instance, denying the collusion in the procurement of the tax deed, as charged in the complaint, is conceded by counsel for the plaintiff to have been a sufficient ground for an application for leave to amend at any time before or at the trial; and the only question is, whether the right to such relief was lost by delaying to make the application until after trial and judgment. This is a question of diligence on the part of the attorney for the moving party. If the mistake was discovered before trial, so that…
2Cases cited1 opinion
- Catlin v. HentonWisconsin Supreme Court · 1859
3Cited by7 opinions
- State Farm Mutual Automobile Insurance v. DuelSupreme Court of the United States · 1945
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Turner Manufacturing Co. v. GmeinderWisconsin Supreme Court · 1924
- Boutin v. CatlinWisconsin Supreme Court · 1899
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
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