Raymond v. Holborn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action by Hyland Raymond against Francis Holborn, for a partition of lots 5 and 6, block 1, in the city of Kacine, of wbicli lie claimed to be owner of an undivided one-tbird. Defendant claimed a paramount right to the whole.
Read the full summary
APPEAL from the Circuit Court for Racine County. Action by Hyland Raymond against Francis Holborn, for a partition of lots 5 and 6, block 1, in the city of Kacine, of wbicli lie claimed to be owner of an undivided one-tbird. Defendant claimed a paramount right to the whole. The facts found by the court*were as follows: On the 26th of December, 1856, Elisha Eaymond, Seneca Eaymond and one Dutton, being then owners of said lots, mortgaged them to one Moss for $3,000, payable within one year, with interest. On the 21st of August, 1857, they mortgaged the same lots to Lucy J. Hol-born for $3,000,…
1Opinion of the CourtCole, J.
One of the principal questions discussed in, this case, namely, whether the defendant was in a position to take advantage of the irregularity in the execution sale, has, in effect, already been decided in the negative in Raymond v. Pauli, 21 Wis. 531. The counsel for the defendant struggled somewhat with the doctrine of that case, and further attempted to show that there were some facts involved in the present one which really rendered that decision inapplicable. But we are unable to distinguish the cases in principle. It must be admitted that the statutory right of redemption from the…
2Cases cited1 opinion
- Raymond v. PauliWisconsin Supreme Court · 1867
3Cited by3 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Nelson v. BronnenburgIndiana Supreme Court · 1881
- Sensenbrenner v. KepplerWisconsin Supreme Court · 1964