Lampson v. Bowen
Wisconsin Supreme Court
APPEAL from the Circuit Court for- Brown, County. On the 23d of October, 18T4, one Joseph S. Curtis, being the owner of certain lots in the city of Green Bay, executed a mortgage thereon to the appellant Bowen, to secure the payment of $10,000 and interest. Curtis had previously commenced the erection of a dwelling-house‘upon such lots, and when tbe mortgage was executed tbe bouse was in process of erection.
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APPEAL from the Circuit Court for- Brown, County. On the 23d of October, 18T4, one Joseph S. Curtis, being the owner of certain lots in the city of Green Bay, executed a mortgage thereon to the appellant Bowen, to secure the payment of $10,000 and interest. Curtis had previously commenced the erection of a dwelling-house‘upon such lots, and when tbe mortgage was executed tbe bouse was in process of erection. In April, 1875, Joseph S. Curtis and bis wife conveyed tbeir interest in tbe mortgaged lots to George Curtis. Bowen’s mortgage not being paid, be commenced an action against Joseph S. and…
1Opinion of the CourtLyon, J.
Although not a party to the record in the lien suit, the appellant, who acquired his interest in the lots affected by that suit after the erection of the house thereon was commenced, is the real party in interest as to that portion of the judgment which makes the amount thereof a specific lien upon the house and lots in question. If the judgment stands, he must pay it to protect his title acquired at the foreclosure sale, and he has no remedy over against Joseph S. or George Curtis. Hence he ought to have, and must have, the right to resist the enforcement of the lien, either in the lien suit…
2Cases cited4 opinions
- Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
- McCoy v. QuickWisconsin Supreme Court · 1872
- Chapman v. WadleighWisconsin Supreme Court · 1873
- Hall v. HinckleyWisconsin Supreme Court · 1873
3Cited by11 opinions
- Krotz v. A. R. Beck Lumber Co.Indiana Court of Appeals · 1905
- Kay v. TowsleyMichigan Supreme Court · 1897
- Vilas v. McDonough Manufacturing Co.Wisconsin Supreme Court · 1895
- Evans-Lee Co. v. HotonWisconsin Supreme Court · 1926
- Rogers-Ruger Co. v. MurrayWisconsin Supreme Court · 1902
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