McGinnis v. Wheeler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage made April 18, 1866, to secure note of same date, payable in one year. The mortgagors sold the premises to one Wilson, who was to pay the mortgage.
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APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage made April 18, 1866, to secure note of same date, payable in one year. The mortgagors sold the premises to one Wilson, who was to pay the mortgage. The plaintiff, Eliza J. McGinnis, claimed to own the note and mortgage, by assignment made in March, 1867, and alleged that there was due thereon $200 with interest at ten per cent, from date; that the defendant Marcus Wheeler had possession of the note and wrongfully obtained and withheld it from her, and prayed that he might be ordered to, produce it in this suit. Wilson,…
1Opinion of the CourtPaine, J.
The findings of the court below, that the plaintiff was not the owner of the note and mortgage, and that they were the property of her son Robert, and that the suit was brought in her name for the purpose of defeating the claims of the creditors of Robert, seem to be in accordance with the clear weight of the testimony. This being so, she is in no position to question the correctness of the rulings of that court as to the validity or effect of the proceedings under which the defendant Wheeler claimed title.
Her counsel contends that those proceedings were void, and that a constable has no…
2Cited by3 opinions
- McGregor v. PearsonWisconsin Supreme Court · 1881
- O'Leary v. SchoenfeldNorth Dakota Supreme Court · 1915
- Town of Kronenwetter v. KnoedlerWisconsin Supreme Court · 1922