Farwell v. Murphy
Wisconsin Supreme Court
The statement and facts of this case are set forth in detail in the opinion of the court. I. The principle of “ equity of redemption ” exists only in connection with mortgages. 4 Kent. Oomm. 161; 12 Vésey, 59 ; 2 Moot, 333 ; 2 Story’s Eq. Jwris. 283-291.' The prayer of a Ibill to redeem, brought by a second mortgagee, should be to redeem the first mort- and this will not be allowed without making the first mortgagor a party. 12 Vesey, 59; 2 Hal-stead’s Oh.
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The statement and facts of this case are set forth in detail in the opinion of the court. I. The principle of “ equity of redemption ” exists only in connection with mortgages. 4 Kent. Oomm. 161; 12 Vésey, 59 ; 2 Moot, 333 ; 2 Story’s Eq. Jwris. 283-291.' The prayer of a Ibill to redeem, brought by a second mortgagee, should be to redeem the first mort- and this will not be allowed without making the first mortgagor a party. 12 Vesey, 59; 2 Hal-stead’s Oh. Hep. 464 ; 2 Simmons, 466. III. A sale under foreclosure of a second mortgage is subject to a prior mortgage, when the prior mortgagee is…
1Opinion of the Court
By the Cowrt,
Cp.awfobd, J.
The appellee filed his bill of complaint in the Circuit Court for the county of Milwaukee against the appellants, praying for leave to redeem certain real estate in the city of Milwaukee from a sale on foreclosure of a mortgage.
The case stated in the bill of complaint is, that in the year 1845, John T. Perkins executed a mortgage upon the property in question, as a security for the payment of six hundred dollars and interest within one year from the date of the promissory note given by him for that sum. In this mortgage, Edward B. Dickerman was the mortgagee ; that…
2Cited by7 opinions
- Heim v. VogelSupreme Court of Missouri · 1879
- Stafford v. FizerSupreme Court of Missouri · 1884
- Olmstead v. TarsneySupreme Court of Missouri · 1879
- Murphy v. FarwellWisconsin Supreme Court · 1859
- City of Springfield Ex Rel. Southern Missouri Trust Co. v. RansdellSupreme Court of Missouri · 1924
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