Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 6

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...parties, bearing date June 6, 1856. As we understand that stipulation, the parties agreed that the appellants might go on under their decree of foreclosure and sell the mortgaged premises without prejudice, and that Lyness was to file his answer and prosecute his defense as though no order pro oonfesso had been entered against him, and that on the salelof the real estate, a sufiicient sum of money was to be considered in court to satisfy the mortgage of Lyness, should the court decide that his mortgage had the preference. In view of the facts of the case, the court very properly decided that the Lyness mortgage was the prior incumbrance, and of course was entitled to be first satisfied out of the proceeds of the sale. If the appellants had really taken all the money out of court, they had obtained more than they had any right to, and in the spirit of their stipulation, and by the power of the court over the fund, they might be ordered to refund a sum sufficient to satisfy the prior lien. This in good conscience and equity as well as by their agreement they were bound to do. The decree of the circuit court is aflirmed. THE CITY OF MILWAUKEE, Plaintiff in Error vs. STEPHEN B. DAVIS, Defendant in Error. ERROR TO THE MILWAUKEE CIRCUIT COURT. W'hen a street, in aplat of or addition toa city, is dedicated by the owner to the public use, and the city, by its authorities, accepts the same and assumes control thereof, the rights of the public therein become tixed. If the street so dedicated and accepted is passable by nature, or has been rendered so by labor bestowed upon it, the public have the right to use it for such purposes, subject to the rightful power ot the city to alter, repair or improve the same. But itis the duty of the city to see...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236920600
  • 9781236920607