Maxwell v. Hartmann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaulcee County. Foreclosure of a mortgage. The defendants Oatharme Hartmann and Henry Hartmann, her husband, who were in possession of the premises under a deed from the mortgagor subsequent in date to the mortgage in suit, obtained a judgment dismissing the complaint as'to them; and from this judgment the plaintiff appealed. The case is further stated in the opinion.
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APPEAL from the Circuit Court for Ozaulcee County. Foreclosure of a mortgage. The defendants Oatharme Hartmann and Henry Hartmann, her husband, who were in possession of the premises under a deed from the mortgagor subsequent in date to the mortgage in suit, obtained a judgment dismissing the complaint as'to them; and from this judgment the plaintiff appealed. The case is further stated in the opinion. They contended, among other things: 1. That there was no evidence to sustain the finding that the mortgage was without consideration. Nor could such consideration be inquired into. Plaintiff…
1Opinion of the CourtOassoday, J.
This action was commenced February 5,1876,' by the plaintiff, as bolder and assignee of what is usually known as a “farm mortgage,” bearing date January 9, 1857, with the note and bond in the form usual at the time, to foreclose the same. The defendants, Catherine Hartmann and husband, set up, by way of answer, continued adverse possession in themselves, under warranty deed executed August 27, 1863, by Gessner and wife, the mortgagors. The other defendants make no contest. The court found, among other things, that the note and mortgage were made, executed and delivered as alleged in the…
2Cases cited16 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Pringle v. DunnWisconsin Supreme Court · 1875
- Crosby v. RoubWisconsin Supreme Court · 1863
- Grout v. TownsendNew York Supreme Court · 1845
- Willard v. CramerSupreme Court of Iowa · 1872
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3Cited by25 opinions
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Meyer v. HopeWisconsin Supreme Court · 1898
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Balch v. BeachWisconsin Supreme Court · 1903
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