Kennedy v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Eoreclosure of a mortgage of land. The complaint and prayer for relief were'in the usual form, and the railroad company was made defendant as haying or claiming some interest in or lien upon the premises, or some part thereof, which interest or lien, if any, is alleged to have accrued subsequently to the mortgage.
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APPEAL from the Circuit Court for Columbia County. Eoreclosure of a mortgage of land. The complaint and prayer for relief were'in the usual form, and the railroad company was made defendant as haying or claiming some interest in or lien upon the premises, or some part thereof, which interest or lien, if any, is alleged to have accrued subsequently to the mortgage. The plaintiff appealed from an order overruling his demurrer to a part of the answer constituting a separate defense; the nature of which will appear from the opinion of Mr. Justice Cole, infra. argued that the statute (Laws of…
1Opinion of the Court
The following opinion was filed at the June term, 1867:
Cole, J.
This is an appeal from an order overruling a demurrer to a portion of the answer. The action is to foreclose a mortgage given by the defendants Gould and wife, on the 9th day of March, 1854, to the La Crosse & Milwaukee Railway Company, to secure the payment of $2,500 ; which mortgage.has been assigned to the plaintiff. In the answer, among other matters, it is alleged that the La Crosse & Milwaukee Railway Company (to whose rights the respondent has succeeded as therein stated), in 1856, located its road across the mortgaged…
2Cases cited1 opinion
- Leonard v. RoganWisconsin Supreme Court · 1866
3Cited by16 opinions
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Pomeroy v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1870
- Wisconsin Finance Corp. v. GarlockCourt of Appeals of Wisconsin · 1987
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