Ely v. Tallman
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Bode County. Ejectment. Tbe case was once before in tbis court, and is reported, 6 Wis., 244. Tbe plaintiff claimed under one Rague, wbo deduced bis title through one Alden. Tbe defendant claimed title through a sale of tbe land upon a foreclosure of a mortgage which was executed by Alden, while he owned the land, to one Fitch.
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ERROR to tbe Circuit Court for Bode County. Ejectment. Tbe case was once before in tbis court, and is reported, 6 Wis., 244. Tbe plaintiff claimed under one Rague, wbo deduced bis title through one Alden. Tbe defendant claimed title through a sale of tbe land upon a foreclosure of a mortgage which was executed by Alden, while he owned the land, to one Fitch. The case turned in this court upon the question, whether Rague had been made a party to the action for the foreclosure of the mortgage, so that the decree and sale would cut off his title. The action for foreclosure was commenced by Fitch…
1Opinion of the Court
By the Court,
Paine, J.
This case has once been before this court, and is reported in 6 Wis., 211. After the decision there made, a motion for rehearing was argued, and overruled for tbe reason that it was conceded that the decision was correct upon one ground, and therefore tbe court would not re-examine tbe others, either to “qualify or affirm ” its previous opinion. 8 Wis., 218. Since then there has been another trial, in which the defendant had a verdict and judgment, which is now brought here by a writ of error.
The principal question in the case is as to tbe admissibility and effect of the…
2Cases cited3 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Falkner v. GuildWisconsin Supreme Court · 1860
- Tallman v. ElyWisconsin Supreme Court · 1859
3Cited by13 opinions
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Fidelity & Casualty Co. v. ChambersSupreme Court of Virginia · 1896
- Whitney v. KarnerWisconsin Supreme Court · 1878
- Dickens v. PeopleSupreme Court of Colorado · 1919
- Sommermeyer v. SchwartzWisconsin Supreme Court · 1894
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