124 Wis. 229 | Wis. | 1905
Roth parties agree that the writings between Mrs. Scanlan and Work constituted a mortgage, the concession being fully justified by the authorities in this state. Brinkman v. Jones, 44 Wis. 498, 514; Cumps v. Kiyo, 104 Wis. 656, 659, 80 N. W. 937; Beebe v. Wis. M. L. Co. 117 Wis. 328, 332, 93 N. W. 1103.
The defense of payment resulting from Hedenberg’s alleged primary liability as between him and Scanlan is, owing, perhaps, to the death of Mrs. Scanlan, wholly unsupported by evidence; and the finding that the transaction between Hed-enberg and Wheeler was that of purchase of the judgment is supported both by the documentary and oral evidence. There is full proof of the transfer of the debt evidenced by the judgment, and also the formal title to or lien upon the land, to plaintiff.
The only remaining defense is subd. 2, sec. 4221, Stats. 1898, limiting to ten years “an action upon a sealed instrument when the cause of action accrued without this state.”
It is surely absurd to assert that a cause of action accrues in a state where there is no court which can take jurisdiction of its subject matter. . The very reasoning of the cases cited by appellant, insisting upon the accrual of the action at the place of defendant’s residence, base such insistence upon the
This conclusion is, of course, fatal to tbe contention that the cause of action accrued outside of this state, and precludes application of tbe statute pleaded. It results that no defense was established, and the judgment of foreclosure and sale was proper.
By the Court.- — Judgment affirmed.