Crowns v. Forest Land Co.
Wisconsin Supreme Court
Appeals from judgments of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to foreclose a mortgage. The answer sets up a plea in abatement to the effect that the action was not brought in the name of the real party in interest; that plaintiff had no interest in the mortgage; and -that Otto D. Rjorkquist was the real party in interest. Substantially the same facts are set up by way of defense.
Read the full summary
Appeals from judgments of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action to foreclose a mortgage. The answer sets up a plea in abatement to the effect that the action was not brought in the name of the real party in interest; that plaintiff had no interest in the mortgage; and -that Otto D. Rjorkquist was the real party in interest. Substantially the same facts are set up by way of defense. There is also a further defense that the mortgage was given for land purchased by defendant from Otto D. Bjorkquist, and that the same was taken in the name of plaintiff for the…
1Opinion of the CourtBardeen, J.
First, as to the motions to dismiss the appeals. It is true that á purchaser at a foreclosure sale becomes a quasi party to the suit, as was held in Ward v. Clark, 6 Wis. 509. It is also true that the purchaser at such sale was held to be an “ adverse party,” within sec. 3049, R. S. 1878, so as to require the service of a notice of an appeal from the order confirming the sale, as laid down in Rogers v. Shove, 98 Wis. 271. But after the sale has been confirmed the right of the purchaser, if a stranger to the rec*105ord, becomes absolute, and bis title will not be disturbed upon a reversal of the…
2Cases cited7 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Drexler v. TyrrellNevada Supreme Court · 1880
- Rogers v. ShoveWisconsin Supreme Court · 1898
- Ward v. ClarkWisconsin Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Beck v. LindNorth Dakota Supreme Court · 1975
- Chase v. DodgeWisconsin Supreme Court · 1901
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- State Bank of Towner, Inc. v. RauhNorth Dakota Supreme Court · 1980
14 more not listed; retrieve them via the Exa API.