Roosevelt v. Land & River Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas ■county: A. J. YiNje, Circuit Judge. In the year 1890 Mrs. Yernam, the owner of the property in controversy, mortgaged the same to the Land & River Improvement Company, which mortgage was assigned to plaintiff. May 23, 1895, she conveyed the property to said •company, subject to the mortgage.
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Appeal from an order of the circuit court for Douglas ■county: A. J. YiNje, Circuit Judge. In the year 1890 Mrs. Yernam, the owner of the property in controversy, mortgaged the same to the Land & River Improvement Company, which mortgage was assigned to plaintiff. May 23, 1895, she conveyed the property to said •company, subject to the mortgage. May 1, 1896, the company executed to Robert De Forest, Samuel E. Kilner, and George Sherman, as trustees, a trust deed of this and a large amount of other property to secure certain of its bonds. . In 1896 a creditors’ suit was commenced in the United…
1Opinion of the Court
The following opinion was filed November 16, 1900:
BáRdeeN, J.
Two propositions are to be considered on this appeal: (1) Did the plaintiff obtain jurisdiction of the trustees and receivers, so as to bind them by the judgment herein? (2) If not, who is entitled to the possession of said premises ?
1. The order of publication was dated June 10, 1898, and was based upon the papers on file, and the affidavit of the plaintiff’s attorney, dated May 27,1898,— fourteen days before such order was made. To meet the requirements of sec. 2640, Stats. 1898, as to the diligence used in making service of the…
2Cases cited13 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
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