McLaughlin v. Estate of Curts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. McLaughlin and one Horatio Curts executed their bond and a mortgage of certain real estate of which they were tenants in common. The mortgage was foreclosed, and the land sold to satisfy it.
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APPEAL from the Circuit Court for Jackson County. McLaughlin and one Horatio Curts executed their bond and a mortgage of certain real estate of which they were tenants in common. The mortgage was foreclosed, and the land sold to satisfy it. Subsequent to such sale, McLaughlin redeemed the whole land by paying the foreclosure judgment in full, together with the costs and disbursements, and afterward preferred his claim against the estate of his co-tenant, then deceased, for contribution to the amount of one-half the cost of such redemption. The commissioners on claims against said estate…
1Opinion of the CourtDixoN, C. J.
It is not disputed that the claimant, McLaughlin, has a lien in the nature of an equitable mortgage upon the undivided half of the land belonging to the estate of Curts, to reimburse himself for one-half the sum he was compelled to pay in order to redeem the land from the mortgage, or from the foreclosure sale under it. That lien or interest, and the right to pursue the land in equity to enforce contribution, is conceded and even insisted upon by counsel for the estate and administrator, but they contend that such is the claimant’s only remedy. And this is the sole question in the case,…
2Cases cited6 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Ferris v. CrawfordNew York Supreme Court · 1845
- Croft v. MooreSupreme Court of Pennsylvania · 1840
- Loomis v. StuyvesantNew York Court of Chancery · 1843
- Baldwin v. ThompsonSupreme Court of Louisiana · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Hermance v. WeisnerWisconsin Supreme Court · 1938
- Larson v. OisefosWisconsin Supreme Court · 1903
- Stewart v. StewartWisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.