Marvin v. Titsworth
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced by David M. Marvin against Abram Tittsworth, John D. Titsworth, Rudolph Titsworth,' William Dunn, Francis Clark and L. 0. Paine Freer, to recover possession of lands.
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APPEAL PROM CIRCUIT COURT, RACINE COUNTY. This was an action commenced by David M. Marvin against Abram Tittsworth, John D. Titsworth, Rudolph Titsworth,' William Dunn, Francis Clark and L. 0. Paine Freer, to recover possession of lands. The complaint contains the following allegations: That on the 24th day of January, A. D. 1850, William B. Sanford was seized in fee of the lands described in the complaint, and that on the same day he made and delivered to the defendant, L. C. Paine Freer, a mortgage on the same premises, reciting among other things, that he was indebted to the defendant…
1Opinion of the Court
By the Court,
Dixon, C. J.
The nature of the instrument executed by Sandford to Freer, on the 24th of February, 1850, was a point of much controversy on the argument. On the part of the respondent it was contended, on the authority of Lawrence vs. Farmers’ Loan and Trust Company, 3 Kern., 200, and the cases there cited, that it was a mortgage; and never having been foreclosed, either in equity or by advertisement, under the statute, a right of redemption still remained in the respondent, as the-assignee of Sandford. It was upon this theory that the suit was commenced. On the part of the…
2Cases cited4 opinions
- Chowning v. CoxSupreme Court of Virginia · 1823
- Palmer v. GurnseyNew York Supreme Court · 1831
- Ogden v. GrantCourt of Appeals of Kentucky · 1838
- Humphreys v. SnyderSupreme Court of Iowa · 1844
3Cited by10 opinions
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Texas Midland Railroad v. DeanTexas Supreme Court · 1905
- Neikirk v. Boulder National BankSupreme Court of Colorado · 1912
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
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