Pier v. Storm
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. This is an action commenced in 1871, to foreclose a mortgage executed by the defendant George Pygall, and his wife (now deceased), to the plaintiff, on a certain quarter section of land in the county of Fond du Lac.
Read the full summary
APPEAL from the Circuit Court for Fond du Lac County. This is an action commenced in 1871, to foreclose a mortgage executed by the defendant George Pygall, and his wife (now deceased), to the plaintiff, on a certain quarter section of land in the county of Fond du Lac. The defendant Storm answered that, after the mortgage was executed, the mortgagors conveyed the northeast quarter of the quarter section to one Rapp, who conveyed the same to Storm; and he demanded that, should foreclosure and sale be adjudged, the balance of the mortgaged premises should first be sold under the judgment.…
1Opinion of the CourtLyon, J.
It appears by the affidavits read on the hearing *251of the motion to vacate, that the attorneys of the defendant Storm had full knowledge that judgment was about to be entered in the action, and of the contents thereof, and that, for more than a year before the motion was made, the defendant knew that judgment had been entered therein. If the court had jurisdiction to render the judgment, it was then too late to attack it by motion. In Loomis v. Rice, decided herewith, some of the cases are cited in which this rule is applied. But the rule is so well settled in. this state, that it is hardly…
2Cases cited1 opinion
- Raymond v. PauliWisconsin Supreme Court · 1867
3Cited by2 opinions
- Mills v. National Fire InsuranceWisconsin Supreme Court · 1896
- Gorton v. BaileyWisconsin Supreme Court · 1879