Gowran v. Lennon
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Columbia county: Majbtiit L. Lueoe, -'Judge. Edward D. Lennon, to secure payment of his note, given in consideration of legal service to be rendered in defending him against the charge of having murdered Timothy McMahon, whom'he shot, causing his death, mortgaged to J. L. Mahoney certain real estate.
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Appeal from an order of tbe circuit court for Columbia county: Majbtiit L. Lueoe, -'Judge. Edward D. Lennon, to secure payment of his note, given in consideration of legal service to be rendered in defending him against the charge of having murdered Timothy McMahon, whom'he shot, causing his death, mortgaged to J. L. Mahoney certain real estate. The note and mortgage, before maturity, were acquired by plaintiff for a valuable consideration, the note being indorsed by P. J. Lennon and said Mahoney. In due course the mortgage was foreclosed, the indorsers on the note, the personal…
1Opinion of the CourtMaeshail, J.
The foregoing gives the features, in general, of appellant’s case. The conclusion arrived at renders a statement in detail unnecessary. Relief was sought by one whose claim was, as be thought, jeopardized by danger of the estate of the mortgagor, so far as covered by the mortgage, being extinguished by the foreclosure judgment. On that account be invoked the court under sec. 2832 of the Statutes for-permission to impeach the mortgage indebtedness and to clear the way therefor by vacating the judgment of foreclosure and making him a party defendant.
Many questions are raised by counsel for…
2Cited by4 opinions
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