Sexton v. Pickett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Foreclosure of mortgage, made to Sexton by the defendants George W. Austin and wife, November 10, 1857, to secure the payment of $2,393, due the next day, with interest at ten 'per cent, until paid. Almira Piclcett and others were made defendants as having or claiming some interest in or lien upon the land, which interest or lien is alleged to have accrued subsequently to said mortgage.
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APPEAL from the Circuit Court for Jefferson County. Foreclosure of mortgage, made to Sexton by the defendants George W. Austin and wife, November 10, 1857, to secure the payment of $2,393, due the next day, with interest at ten 'per cent, until paid. Almira Piclcett and others were made defendants as having or claiming some interest in or lien upon the land, which interest or lien is alleged to have accrued subsequently to said mortgage. Almira Pickett answered, alleging a prior lien by virtue of a mortgage made to lier in June, 1855, by James Austin, to secure a part of the purchase-money of…
1Opinion of the CourtPaiwe, J.
In this case, the exceptions in the bill as originally settled not having been sufficient to raise the questions sought to -be raised, leave was obtained to withdraw the record for the purpose of applying for an amendment or resettlement before the judge of the circuit court. Such a resettlement was had, and the respondent subsequently moved here to strike out the bill as resettled, for irregularity, on the ground that such resettlement was not had until more than sixty days *349after written notice of the judgment. The only answer to the motion was, that, inasmuch as the judgment had been…
2Cases cited1 opinion
- Coyle v. DavisWisconsin Supreme Court · 1866
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- Johnson v. BrattonMichigan Supreme Court · 1897
- MGIC Financial Corp. v. H. A. Briggs Co.Court of Appeals of Washington · 1979
- Altabet v. Monroe Methodist ChurchCourt of Appeals of Washington · 1989
- Seale v. BerrymanArizona Supreme Court · 1935
- Minneapolis Investment Co. v. National Security Investment Co.Supreme Court of Minnesota · 1929
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