Jones v. Costigan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint in tbis action alleged that, during tbe pen-^eiicy a su^ ^orec^ose a mortgage on a lot in Water-town, executed by Oostigan, one of tbe defendants herein, the mortgage was assigned to tbe plaintiff by the mortgagees, in trust for them creditors; that after judgment of foreclosure and sale in said suit, tbe mortgaged premises were advertised for sale; that at tbe time of such advertisement, said mortgagor was,…
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APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint in tbis action alleged that, during tbe pen-^eiicy a su^ ^orec^ose a mortgage on a lot in Water-town, executed by Oostigan, one of tbe defendants herein, the mortgage was assigned to tbe plaintiff by the mortgagees, in trust for them creditors; that after judgment of foreclosure and sale in said suit, tbe mortgaged premises were advertised for sale; that at tbe time of such advertisement, said mortgagor was, and ever since bad been, insolvent, owning no property out of which any deficiency in tbe proceeds of such sale could be…
1Opinion of the Court
By the Court,
PAINE, J.
Tbe question presented in this case is, whether tbe owner of a mortgage upon land, who has obtained a judgment of foreclosure and sale, can maintain an action for an injury committed upon tbe premises before tbe sale, wbicb impairs the security and prevents tbe full amount of the debt from being realized, tbe mortgagor being insolvent, and wbicb was committed wrongfully and fraudulently,witb tbe intent to injure tbe bolder of tbe mort*681gage. Such is substantially the case made by the complaint, and the court below dismissed it as not stating facts to constitute a cause of…
2Cases cited4 opinions
- Yates v. JoyceNew York Supreme Court · 1814
- Lane v. HitchcockNew York Supreme Court · 1817
- Peterson v. ClarkNew York Supreme Court · 1818
- Cooper v. DavisSupreme Court of Connecticut · 1843
3Cited by8 opinions
- Krakow v. WilleWisconsin Supreme Court · 1905
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Flood v. PetryCalifornia Supreme Court · 1913
- Kimball v. DarlingWisconsin Supreme Court · 1873
- Ryde v. Dane County Department of Social ServicesWisconsin Supreme Court · 1977
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