Legal Opinion

Howe v. English

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 6 opinions

APPEAL 1ÍROJI THE RACINE CIRCUIT COURT. The complainant commenced an. action, for the foreclosure of a mortgage, and ihe payment of two promissory notes for the sum of three hundred and seventy-eight dollars and thirty-three cents each, and one promissory note for the payment of three hundred and seventy-eight dollars and thirty-four cents, by filing his hill of complaint and serving a subpoena upon the defendants in the circuit court, for the county of Eacine, on the 7th…

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APPEAL 1ÍROJI THE RACINE CIRCUIT COURT. The complainant commenced an. action, for the foreclosure of a mortgage, and ihe payment of two promissory notes for the sum of three hundred and seventy-eight dollars and thirty-three cents each, and one promissory note for the payment of three hundred and seventy-eight dollars and thirty-four cents, by filing his hill of complaint and serving a subpoena upon the defendants in the circuit court, for the county of Eacine, on the 7th day of January, A. I). 1857. The notes and mortgage were dated upon the 26th day of June, A. D. 1855, and the mortgage…

1Opinion of the Court

£y the Court,

Cole, J.

This was a bill filed to foreclose a mortgage upon /which an installment of the principal sum secured by the mortgage, with interest, had become due, and remained unpaid, and other installments were to become due subsequently. The decree states that the sum of $564.48 was then due and unpaid, and that the whole amount secured by the mortgage and unpaid was $1321.15. The referee to whom the matter was referred, reported that the mortgaged premises were so situated that they could not, without injury to the parties interested, be sold in parcels, and the decree or judgment…

2Cited by6 opinions

  1. Wood v. TraskWisconsin Supreme Court · 1859
  2. Manning v. McClurgWisconsin Supreme Court · 1861
  3. Rice v. CribbWisconsin Supreme Court · 1860
  4. Sauer v. SteinbauerWisconsin Supreme Court · 1860
  5. Jurgens v. CottonWisconsin Supreme Court · 1861

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