14 Wis. 509 | Wis. | 1861
By the Court,
It is very clear that tbe judgment of foreclosure in tbe case of Haseltine vs. Harris, Straight et al., did not bar or cut off tbe respondent’s rights under bis prior mortgage. Eor although be was made a party to that suit, it was for tbe express purpose of cutting off any claim which be might have in tbe mortgaged premises accruing subsequently to tbe date of tbe mortgage in that suit. Tbe complaint in tbe suit of Haseltine vs. Harris, Straight et al., alleges that Straight and others therein named claimed to have an interest in tbe mortgaged premises, but which claim, if any, accrued subsequently to tbe mortgages therein foreclosed. Straight entered no appearance in that case, but let judgment go by default. What then was tbe effect of that judgment so far as be was concerned ? Simply to bar any right or claim which be might have in tbe premises, accruing subsequently to tbe Huntington mortgage. But clearly it could not bar and cut off bis rights under a mortgage prior
Another question presented is as to the effect of the release of a portion of the mortgaged premises by Straight. It is contended that the holder of the second mortgage was great
This disposes of all the material questions in the case.
The judgment of the circuit court is affirmed.