Public-domain · open source
OpenJurist

18 Wis. 479

Mann v. Thayer

Wisconsin Supreme Court

Decided June 15, 1864

Wisconsin Supreme Court · decided 1864-06-15

Foreclosure of a mortgage of real estate executed by Twrner. Thayer and others were made defendants as subsequent incum-brancers, but did not appear. Thayer was personally served with the summons, but the other defendants who were in default, were served by publication.

Decided 1864-06-15

¶1By the Court,

Cole, J.

¶2This case comes fully within the reason 'and principle of our decisions where' we have held that a subsequent incumbrancer can not object to a judgment of foreclosure unless he shows that he will sustain some injury or loss by the judgment rendered. See Boyd v. Sumner, 10 Wis., *48141; Jamison v. Gjemenson, id., 411. In this case the appellant was made a party to the suit as subsequent purchaser or incum-brancer, and was served with process. He made default. The mortgagor answered, but afterwards entered into a stipulation that judgment of foreclosure might be entered for the amount claimed in the complaint, in consideration of certain matters named in the stipulation. Judgment was accordingly entered for the amount. It does not appear that the appellant has any interest in the mortgaged premises, or that his rights have been prejudiced by the stipulation and judgment.

¶3The judgment of the circuit court is therefore affirmed.

/18/wis/479 · .json · Public domain