Morgan v. South Milwaukee Lake View Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge, The action .is to foreclose a mortgage on land. The mortgage was executed by the defendants Mansfield and Buckley to James Botting.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge, The action .is to foreclose a mortgage on land. The mortgage was executed by the defendants Mansfield and Buckley to James Botting. Botting sold it to the defendant Friis, who pledged it to the plaintiffs as security for a loan of $15,000. To effectuate this pledge, Friis procured the mortgage to be assigned by Botting to one Smithing as trustee for the plaintiffs. 'Smithing afterwards assigned it to the plaintiffs. Botting indorsed the notes which were secured by the mortgage. The defendant South Milwaukee…
1Opinion of the CourtBTewjiau, J.
The appellant alleges five several errors as grounds for the reversal of the judgment. They are: (1) That the plaintiffs are not the real parties in interest, and for that reason are not the proper parties plaintiff in an action to foreclose this mortgage; (2) that the plaintiffs were not competent parties to declare the option to deem the whole principal sum due; (3) that oral evidence was incompetent to prove the assumption of the mortgage by the appellant; (4) that the finding that the appellant assumed the mortgage is contrary to the evidence of the defendant Eriis, who is the equitable…
2Cases cited12 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- Union National Bank v. RobertsWisconsin Supreme Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- White v. SchaderCalifornia Supreme Court · 1921
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.