Deuster v. McCamus
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJcee County. Action to foreclose a mortgage, executed on the 27th of November, 1854, by the defendant Bodden to one Cramer, to secure the payment of $3,500. The mortgage covered originally the west half of a quarter section of land. On the 3d of January, 1856, Cramer released the south twenty acres of the tract.
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APPEAL from the Circuit Court for MilwauJcee County. Action to foreclose a mortgage, executed on the 27th of November, 1854, by the defendant Bodden to one Cramer, to secure the payment of $3,500. The mortgage covered originally the west half of a quarter section of land. On the 3d of January, 1856, Cramer released the south twenty acres of the tract. On the 1st of November, 1858, he released the south forty acres of the sixty then bound by the mortgage, and on the same day assigned the mortgage to the plaintiff, there being then due and unpaid thereon $427, which with interest from that day…
1Opinion of the Court
By the Court,
Paine, J.
We may say at the outset of this case, that we do not think any equitable rights which might be claimed by Houghton & Co., growing out of their mortgage on a portion of the lands in controversy, can be set up by this plaintiff to defeat any equitable rights which the defendant would otherwise have. Houghton & Co. are not parties to this suit, and their equities cannot be adjusted here. It cannot be assumed, in their absence, that they will ever have occasion to assert the equities which the plaintiff here seeks to set up for them ; and if they do, they must do it for…
2Cases cited1 opinion
- Guion v. KnappNew York Court of Chancery · 1836
3Cited by4 opinions
- Andersen Yard Co. v. Citizens State BankWisconsin Supreme Court · 1925
- Boice v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1888
- Alexander v. WelchAppellate Court of Illinois · 1882
- Taylor v. Short's AdministratorSupreme Court of Iowa · 1869