Pelton v. Farmin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to foreclose a mortgage of real estate, executed by Farmin, June 2d, 1852! The complaint alleges that the defendants Daniel B. Knapp, Andrew B. Knapp, Daniel W. Bradley and others, “have or claim to have some interest in said mortgaged premises, or in some part thereof, which interest or lien, if any, has accrued subsequent to the lien of said mortgage, and is subject thereto.”
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APPEAL from the Circuit Court for Winnebago County. Action to foreclose a mortgage of real estate, executed by Farmin, June 2d, 1852! The complaint alleges that the defendants Daniel B. Knapp, Andrew B. Knapp, Daniel W. Bradley and others, “have or claim to have some interest in said mortgaged premises, or in some part thereof, which interest or lien, if any, has accrued subsequent to the lien of said mortgage, and is subject thereto.” Said defendants Daniel B. and Andrew B. Knapp and Bradley answered, denying all the material allegations of the complaint. “Eor a further answer,” they then…
1Opinion of the Court
By the Court,
PAINE, J.
This was an action to foreclose a mortgage, and some of the defendants, who were proceeded against only as persons having some claims in the premises subsequent and subject to the,mortgage, answered setting up a paramount title. This was demurred to, and the demurrer overruled, improperly as we think.
A person made a party to a foreclosure suit, merely to bar any interest which he may claim subsequent and subject to the mortgage, if he claims no such interest, has no right to insist on setting up and trying in that suit a claim of paramount title. The two things are…
2Cases cited1 opinion
- Strobe v. DownerWisconsin Supreme Court · 1860
3Cited by13 opinions
- Randle v. BoydSupreme Court of Alabama · 1882
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Banning v. BradfordSupreme Court of Minnesota · 1875
- Faubion v. RogersTexas Supreme Court · 1886
- Whitney v. RobinsonWisconsin Supreme Court · 1881
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