Remington v. Willard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage of real estate executed by the defendant Brown, June 10th, 1856, to secure a certain note. The mortgage was of an undivided half of a certain tract of land, and was recorded on the day of its execution.
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APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage of real estate executed by the defendant Brown, June 10th, 1856, to secure a certain note. The mortgage was of an undivided half of a certain tract of land, and was recorded on the day of its execution. The action was commenced September 1, 1856, and the bill alleges that Willard and various other persons “ have or claim some interest in the mortgaged premises, as subsequent purchasers or incumbrancers or otherwise.” Willard an swered under oath, admitting that he claimed an interest as mortgagee in a part of…
1Opinion of the Court
By the Court,
Cole, J.
The record in this case shows that the appeal is from the judgment of foreclosure rendered October 29th, 1858. It is therefore clear that the subsequent order made by the court on the application to vacate the judgment of foreclosure, is not before us, and cannot be considered. For we have already held that an appeal from *586a judgment brings up.no order made in the cause subsequent to the judgment, but that if a party wants such an order reviewed, he must appeal directly from it. Cord vs. Southwell, ante, p. 211. And that this must be the correct practice would seem to be a…
2Cases cited1 opinion
- Catlin v. HentonWisconsin Supreme Court · 1859
3Cited by1 opinion
- Dobesh v. Associated Asphalt Contractors, Inc.Nebraska Supreme Court · 1939