Houghton v. Kneeland
Wisconsin Supreme Court
APPEAL PROM MILWAUKEE CIRCUIT COURT. Action for the foreclosure of a mortgage. The facts are sufficiently stated in the opinion of the court. made the following points: 1. The appellant contends that the executor or administrator and heirs of Allison Lewis, deceased, are not only necessary but indispensable parties.
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APPEAL PROM MILWAUKEE CIRCUIT COURT. Action for the foreclosure of a mortgage. The facts are sufficiently stated in the opinion of the court. made the following points: 1. The appellant contends that the executor or administrator and heirs of Allison Lewis, deceased, are not only necessary but indispensable parties. The general rule is,£ that however numerous the persons interested in the subject of a suit, they must all be made parties plaintiff or defendant in order that a complete decree may be made ; it being the constant aim of a court of equity to do complete justice by embracing the…
1Opinion of the Court
By the Court,
Cole J.
This action was brought to foreclose a mortgage, given by James Kneeland and wife, and Albion Lewis and wife, to the respondent, to recover the payment of a bond, which was made and executed by Kneeland and Lewis, in the penal sum of twenty-eight thousand dollars, conditioned for the payment of $4,766 66, on the 1st of September, 1856, on the. 1st of September, 1857, and on the 1st of September, 1858, with interest. Default was made in the payment of the instalment falling due September 1st, 1857, and on the 19th of that month the action was commenced, by serving the…
2Cited by3 opinions
- Plott v. KittelsonNorth Dakota Supreme Court · 1929
- Boyd v. WeilWisconsin Supreme Court · 1860
- Stuntz v. TannerWisconsin Supreme Court · 1884