Else v. Cannon

Plaintiff contends that when the purchasers surrendered their equitable interest in the real estate to the vendors, the holders of the legal title, a merger resulted, and that in this action to foreclose his lien he may reach both interests and require their sale for satisfaction of his claim.

The question presented is dealt with in two prior decisions of this court. Milwaukee Loan & Finance Co. v. Grundt, 207 Wis. 506, 242 N. W. 131, and Delap v. Parcell, 230 Wis. 152, 283 N. W. 305. The facts appearing in those cases are quite similar to those considered here. Out of these earlier cases we…