Phelan v. Fitzpatrick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. This is an action to foreclose an equitable mortgage upon certain premises described in plaintiffs’ complaint; and the facts are, in substance, that on July 20, 1870, Thomas Williams recovered against Bridget Fitzpatrick, widow and one of the administrators of Patrick Fitzpatrick, deceased, and his heirs at law therein named, judgment of foreclosure against the real estate in question, 'which was to be sold by the sheriff…
Read the full summary
APPEAL from the Circuit Court for Iowa County. This is an action to foreclose an equitable mortgage upon certain premises described in plaintiffs’ complaint; and the facts are, in substance, that on July 20, 1870, Thomas Williams recovered against Bridget Fitzpatrick, widow and one of the administrators of Patrick Fitzpatrick, deceased, and his heirs at law therein named, judgment of foreclosure against the real estate in question, 'which was to be sold by the sheriff September 15, 1870. One Martin Phelan agreed with said Bridget Fitzpatrick to bid in the real estate described in the…
1Opinion of the CourtPiNNEY, J.
1. The appellant, Bridget Fitzpatrick, had sufficient interest in the-mortgaged premises adjudged to be sold in the suit of'Thom as Williams against Bridget Fitzpatrick and the heirs at law of Patrick Fitzpatrick, deceased, to entitle her to redeem the mortgaged premises and to make such arrangement as would best protect her interest therein. She accordingly entered into the arrangement with Martin Phelan by which he was to purchase the premises at the foreclosure sale under that judgment, and acquire title thereto, and convey the same to her upon request, when she might get ready to pay it,,…
2Cases cited11 opinions
- Heyer v. PruynNew York Court of Chancery · 1839
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Bishop v. DouglassWisconsin Supreme Court · 1870
- Wiswell v. BaxterWisconsin Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fitch v. MillerIllinois Supreme Court · 1902
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Bur v. BongWisconsin Supreme Court · 1915
- Beebe v. Wisconsin Mortgage Loan Co.Wisconsin Supreme Court · 1903
- Wilson v. McWilliamsSouth Dakota Supreme Court · 1902
13 more not listed; retrieve them via the Exa API.