Rosseel v. Jarvis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. Frances H. Bosseel brought this action against Mary Jarvis, sen., and Mary Jarvis, jun., to foreclose a mortgage given to her by them to secure their bond for the purchase money of a tract of land conveyed by her to them simultaneously with the execution of the mortgage.
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APPEAL from the Circuit Court for Bane County. Frances H. Bosseel brought this action against Mary Jarvis, sen., and Mary Jarvis, jun., to foreclose a mortgage given to her by them to secure their bond for the purchase money of a tract of land conveyed by her to them simultaneously with the execution of the mortgage. William, B. Jarvis was also made a defendant, under an allegation that he claimed some interest in the mortgaged premises, which accrued subsequently to the execution of the plaintiff’s mortgage. The mortgage to the plaintiff was dated December 24, 1859, and the mortgage debt was…
1Opinion of the Court
By the Court,
Paine, J.
We do not see any reason why the appellant William B. Jams can complain of this judgment The judgment itself expressly excepts from its operation the paramount title set up by Jarvis in his answer, and can therefore never prejudice his rights under that title. But according to his own theory, the mortgage of his mother to the plaintiff was sufficient to convey her life estate, which he claims to have granted to her, and as he subsequently took a release from her, he was properly made a party to the foreclosure suit, to bar whatever right he might claim by virtue of the…
2Cited by3 opinions
- Dahm v. Barlow & Co.Supreme Court of Alabama · 1890
- Broadbent v. BrumbackIdaho Supreme Court · 1888
- Haase v. BlankWisconsin Supreme Court · 1922