Finch v. Houghton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action commenced in 1863 to foreclose a mortgage executed in December, 1850, to secure a bond for $4688, due October 1, 1860, with interest at seven per cent., made by Joseph W. Thombs, Lyman Eargo, and Roxanna, Lis wife, to Thomas Thombs.
Read the full summary
APPEAL from the Circuit Court for Fond du Lac County. Action commenced in 1863 to foreclose a mortgage executed in December, 1850, to secure a bond for $4688, due October 1, 1860, with interest at seven per cent., made by Joseph W. Thombs, Lyman Eargo, and Roxanna, Lis wife, to Thomas Thombs. The mortgaged premises were a certain mill property in the village of Menasha, in Winnebago county, which had been conveyed by the mortgagee to said Joseph W. Thombs and Roxanna Fargo ; and the bbnd and mortgage were for the unpaid purchase money. The complaint alleges that said Thomas Thombs died…
1Opinion of the Court
By the Court,
Cole, J.
The matters contained in this record are not sufficient to raise the objection taken in the first point of the brief of the counsel for the appellant. That objection is, that the respondent has no right to bring the action to foreclose the mortgage mentioned in the complaint. He sues as administrator with the will annexed. And it is insisted that it appears that Joseph W. Thombs and Sarah Thombs were appointed executor and executrix of the estate of Thomas Thombs, and entered upon the. duties of their trust, and that said Joseph W. afterwards resigned, when the respondent…
2Cases cited1 opinion
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Myers v. EstellMississippi Supreme Court · 1873
- Estate of Robinson v. HodgkinWisconsin Supreme Court · 1898
- Colorado & Southern Railway Co. v. NevilleSupreme Court of Colorado · 1907
3 more not listed; retrieve them via the Exa API.