Legal Opinion

Ehle v. Brown

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 9 opinions

APPEAL from the Circuit Court for Fond du Lao County. Action to redeem from a mortgage sale, brought by Mary M. Jfihle (wife of Nicholas Ehle) against Hawkins, the grantee in the sheriff’s deed, and Brown, Qillelt, Simmons and Charles, purchasers under Hawkins. The facts found by the circuit court will appear from the opinion.

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APPEAL from the Circuit Court for Fond du Lao County. Action to redeem from a mortgage sale, brought by Mary M. Jfihle (wife of Nicholas Ehle) against Hawkins, the grantee in the sheriff’s deed, and Brown, Qillelt, Simmons and Charles, purchasers under Hawkins. The facts found by the circuit court will appear from the opinion. The defendants, excepting Hawkins, appealed from a judgment in favor of the plaintiff. contended that the sheriff’s deed was evidence of title under the judgment of foreclosure, without proving the judgment (Laws of 1869, ch. 40); and that the defendants were protected…

1Opinion of the Court

The following opinion was filed at the January term, 1872.

Lyon, J.

The plaintiff claims to be the owner of the equity of redemption in a certain lot described in the complaint, and has brought this action to enforce her alleged right to redeem the same from an outstanding mortgage thereon, and for an accounting.

The case is fully stated and explained by the circuit court in the findings of fact, which, together with the conclusions of law therefrom, as found by such court, are as follows:

“ The court find the following facts from the evidence :
“ 1. That the parties claim from a common source of…

2Cases cited4 opinions

  1. Tallman v. ElyWisconsin Supreme Court · 1858
  2. Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
  3. Stark v. BrownWisconsin Supreme Court · 1860
  4. Hoppin v. DotyWisconsin Supreme Court · 1868

3Cited by9 opinions

  1. Howard v. Railway Co.Supreme Court of the United States · 1880
  2. Meade v. GilfoyleWisconsin Supreme Court · 1885
  3. Cutler v. JamesWisconsin Supreme Court · 1885
  4. Girardin v. LampeWisconsin Supreme Court · 1883
  5. Holland v. CofieldSupreme Court of Oklahoma · 1910

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