Tallman v. Ely
Wisconsin Supreme Court
MOTION FOR RE- HE AKIN &. This was a motion for a rehearing of the case, made by the respondent Ely. The facts will be found fully stated in 6 Wis., 244. Where it was decided by the court, Cole, J., writing the opinion; “ That the grantee of the mortgagor, could not maintain an action of ejectment against the assignee of the mortgagee who is lawfully in possession of the mortgaged premises after condition broken.”
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MOTION FOR RE- HE AKIN &. This was a motion for a rehearing of the case, made by the respondent Ely. The facts will be found fully stated in 6 Wis., 244. Where it was decided by the court, Cole, J., writing the opinion; “ That the grantee of the mortgagor, could not maintain an action of ejectment against the assignee of the mortgagee who is lawfully in possession of the mortgaged premises after condition broken.” In other words that Ely, who derived his title sucessively from James G. Alden, Ebe-nezer Alden, Eliza M. Hall, and John F. Rague, could not maintain an action of ejectment against…
1Opinion of the Court
By the Court,
Cole, J.
The motion for a rehearing in this case must be denied. The proposition that a mortgagor cannot maintain an action of ejectment against a mortgagee lawfully in possession after condition broken is not controverted by the counsel who supports this motion; and an affirmation of that proposition necessarily involves, under the facts and circumstances of this case, a reversal of the judgment of the circuit court, and a new trial. Quite a number of other questions were raised, and discussed by the counsel in the first argument of the case, and were passed upon in the opinion…
2Cases cited1 opinion
- Tallman v. ElyWisconsin Supreme Court · 1858
3Cited by1 opinion
- Ely v. TallmanWisconsin Supreme Court · 1861