Gear v. Parish
Supreme Court of the United States
This was an appeal from the judgment of the Supreme Court of the Territory, of Wisconsin, sitting as a court of.chancery.
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This was an appeal from the judgment of the Supreme Court of the Territory, of Wisconsin, sitting as a court of.chancery. Parish filed a bill in the District Court of Iowa County, Territory of Wisconsin, fpr the-purpose of compelling Gear to enter satisfaction of a certain mortgage executed by the former to him, or to reconvey the premises therein, charging, that it had been'fully paid and satisfied ; and for the purpose, also, of a perpetual stay of a certain judgment confessed, and entered up in favor of Gear against Parish. The mortgage was executed on the 27th of April, 1836, and was…
1Opinion of the Court
Mr. Justice:'NELSQN
delivered the opinion of the court.
We are unable to discover any foundation for the decree of the •court below. The pleadings and proofs harrowed the question down to the simple inquiry as to the force and effect of the judgment -between the parties, which had been rendered upon confession. The answer appears to have removed all further complaint about the refusal of Gear to cancel the mortgage 'and disencumber the premises, as the subject is not-carried into, nor made a part of, the decree. That is confined to the order enjoining the defendant,, his agents and attorneys,…
2Cited by1 opinion
- Hezekiah H. Gear v. Thomas J. ParishSupreme Court of the United States · 1847