Hooper v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that this action was commenced August 4, 1876, for the foreclosure of a note and mortgage for $2,600, dated May 1, 1874; and that, after a trial upon the merits, judgment of foreclosure and sale was entered in favor of the plaintiff and against the defendants, in the circuit court for Winnebago county, December 30, 1876, in…
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APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that this action was commenced August 4, 1876, for the foreclosure of a note and mortgage for $2,600, dated May 1, 1874; and that, after a trial upon the merits, judgment of foreclosure and sale was entered in favor of the plaintiff and against the defendants, in the circuit court for Winnebago county, December 30, 1876, in which' there 'was found to be due the plaintiff $2,050; that on the same day there was remitted from the amount so found…
1Opinion of the CourtCassoday, J.
This motion to set aside the sale of the Eau Claire lands, and the judgment for deficiency, was not made until more than nine months after such sale, and-more than eight years and a half after the entry of such-judgment, and more than eleven years and a half after a trial upon the merits and the rendition of the foreclosure judgment. The grounds for such motion consist in part of facts said to have existed prior to such foreclosure judgment, and in part of facts said to have transpired after-wards, and particularly an alleged settlement made in, April, 1879,' — some ten months prior to the…
2Cases cited8 opinions
- Stowell v. EldredWisconsin Supreme Court · 1870
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Barber v. RukeyserWisconsin Supreme Court · 1876
- Cooley v. GregoryWisconsin Supreme Court · 1862
- Hiles v. MosherWisconsin Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Johnson v. HuberWisconsin Supreme Court · 1900
- Ada Enterprises, Inc. v. ThompsonWisconsin Supreme Court · 1965
- Gaynor v. BlewettWisconsin Supreme Court · 1893