Legal Opinion

Pierce v. Kneeland

Wisconsin Supreme Court

Decided July 6, 1859PublishedCited by 18 opinions

APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The facts in this case may be stated thus: On the 6th day of December, 1856, the plaintiff, Pierce, commenced his action in the circuit court for Milwaukee county, for the foreclosure of a mortgage against the defendant Kneeland as mortgagor, and the defendant Mariner as a subsequent purchaser of all or some portion of the mortgaged premises.

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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. The facts in this case may be stated thus: On the 6th day of December, 1856, the plaintiff, Pierce, commenced his action in the circuit court for Milwaukee county, for the foreclosure of a mortgage against the defendant Kneeland as mortgagor, and the defendant Mariner as a subsequent purchaser of all or some portion of the mortgaged premises. On the 10th day of March, 1857, the defendants filed their answer to the complaint, to which answer the plaintiff subsequently replied. The cause was brought to trial at a term of that court holden in…

1Opinion of the Court

By the Oourt,

Dixon, C. J.

From the view we have taken of this case, it will only become necessary to discuss, at much length, two of the questions involved in it.

1. Whether, after having appealed to this court from the order of the court below, made on the 23d day of January, 1858, refusing to confirm the sale, and this court having reversed that order, 'and remitted its decision to the circuit court, it was necessary for the plaintiff to give notice to the *30defendants of his application for a confirmation of the sale, pursuant to the decision made here, and ;

2. Whether the decision of this…

2Cases cited2 opinions

  1. Goodrich v. HoweSupreme Court of Connecticut · 1810
  2. Downer v. CrossWisconsin Supreme Court · 1853

3Cited by18 opinions

  1. Freeman v. McAninchTexas Supreme Court · 1894
  2. Gunzberg v. MillerMichigan Supreme Court · 1879
  3. Dodge v. GaylordIndiana Supreme Court · 1876
  4. Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
  5. Shepardson v. CaryWisconsin Supreme Court · 1871

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