Legal Opinion

Killilea v. Douglas

Wisconsin Supreme Court

Decided October 15, 1907PublishedCited by 16 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Appeal from a judgment allowing a claim against the' estate of Margaret Hanlin. The facts of the case are these: B. Bruce Douglas is the-owner of lot 14, block 223, Cambridge’s subdivision Ho. 2, in the Eighteenth ward of the city of Milwaukee, Wisconsin.

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Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. Appeal from a judgment allowing a claim against the' estate of Margaret Hanlin. The facts of the case are these: B. Bruce Douglas is the-owner of lot 14, block 223, Cambridge’s subdivision Ho. 2, in the Eighteenth ward of the city of Milwaukee, Wisconsin. He obtained his title by deed with full covenants from Mary Jane Hayes and Thomas E. Hayes, her husband, September-3, 1898, the deed being duly recorded September 6, 1898. The grantee, Mary Jane Hayes, obtained title from the deceased by deed…

1Opinion of the Court

MáRshall, J.

The point is made by the learned counsel for appellant that the judgment in the foreclosure suit is res adjudícala of whether the estate is liable to pay the indebtedness which was the ground of respondent’s claim. As indicated in the statement, no issue was raised in the foreclosure suit on that subject, though at the request of respondent the trial court therein made findings that the administrator of the estate of the deceased was personally responsible for the mortgage indebtedness and judgment was so rendered, and it was afterwards in due proceedings to that end reversed and…

2Cases cited10 opinions

  1. Hoyt Post v. CampauMichigan Supreme Court · 1879
  2. City of Nashville v. SmithTennessee Supreme Court · 1887
  3. Mecklem v. BlakeWisconsin Supreme Court · 1868
  4. Eaton v. LymanWisconsin Supreme Court · 1872
  5. Blondeau v. SheridanSupreme Court of Missouri · 1884

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Fullerton v. LammOregon Supreme Court · 1945
  2. Milde v. LeighNorth Dakota Supreme Court · 1947
  3. County of Los Angeles v. Metropolitan Casualty Insurance Co.California Court of Appeal · 1933
  4. New York Life Insurance v. Estate of LathersWisconsin Supreme Court · 1934
  5. Soderberg v. HoltUtah Supreme Court · 1935

11 more not listed; retrieve them via the Exa API.

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