Hughes v. Newton
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United Slates for the Western District of Wisconsin. Tins is a suit in equity, brought by the complainant, Robert P. Hughes, against the defendant, Mary I’. Newton, seeking to recover a decree for the amount due upon three promissory notes executed by William Newton, deceased, and the defendant, his then wife, and to charge the same as a specific lien upon certain real estate, less than one-fourth of an acre, known as the "Eau Claire…
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Appeal from the Circuit Court of the United Slates for the Western District of Wisconsin. Tins is a suit in equity, brought by the complainant, Robert P. Hughes, against the defendant, Mary I’. Newton, seeking to recover a decree for the amount due upon three promissory notes executed by William Newton, deceased, and the defendant, his then wife, and to charge the same as a specific lien upon certain real estate, less than one-fourth of an acre, known as the "Eau Claire House property,” situated in the city of Eau Claire, Wis., and to have said real estate sold, and the proceeds applied to…
1Opinion of the Court
After making the foregoing statement, the opinion of the court was delivered by
BAKER, District Judge.
It may well be doubted whether the complainant is entitled to any-relief on the case made by his bill. The bill discloses that the notes are secured by a mortgage upon property in Ramsey county, Minn. The failure to proceed against this property for the satisfaction of the debt is insisted upon in the answer as a ground of defense. The bill shows no excuse for the failure to foreclose the mortgage; nor-*215did the complainant,'after the answer was filed, ask or obtain leave to amend his bill so as…
2Cases cited12 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Phelps v. RooneyWisconsin Supreme Court · 1859
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
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