Dietrich v. Koch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milvxmlcee County. Action to vacate and discharge certain judgments against tbe plaintiff, Louis Dietrich.
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APPEAL from tbe Circuit Court for Milvxmlcee County. Action to vacate and discharge certain judgments against tbe plaintiff, Louis Dietrich. Tbe complaint states that in 1856, one Carl Dietrich and his wife conveyed to tbe plaintiff and one Edward Kunckel, by warranty deed, certain lauds described in tbe complaint, and that, at tbe same time and for tbe purpose of securing tbe payment of a part of the purchase money therefor, the grantees executed to said Carl their bond, and a mortgage on tbe same premises, conditioned for tbe payment of $14,000 in ten years from July 1, 1856, with interest…
1Opinion of the CourtLyon, J.
The plaintiff seeks by this action to procure the discharge of two certain judgments recovered against him in the year 1863, and he states in his complaint the facts which he claims entitle him to relief. The portion of the answer demurred to does not controvert the right of-the plaintiff to have the judgments discharged. The allegations thereof relate exclusively to the invalidity of the deed of May 9th, 1870, which is the subject of the counterclaim contained in the answer. This portion of the answer is pleaded both as a defense and a counterclaim, and is demurred to as not stating a…
2Cases cited4 opinions
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Pattison v. RichardsNew York Supreme Court · 1856
- National Fire Insurance Company v. . McKayNew York Court of Appeals · 1860
- Hardy v. StonebrakerWisconsin Supreme Court · 1872
3Cited by24 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Moore v. SmeadWisconsin Supreme Court · 1895
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Kaukauna Electric Light Co. v. City of KaukaunaWisconsin Supreme Court · 1902
- Weber v. WeberWisconsin Supreme Court · 1895
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