Samuel Freeman Miller

“ In that part of the charge which immediately precedes the words objected to, the Court says: 'The deed of Clifford A. Baker to Charles R. Dean is alleged to be fraudulently executed by Floyd P. Baker in the name of Clifford A. Baker. That he used Clifford's name without authority, and that Charles R. Dean was a fictitious person. The evidence of Botsford shows these facts prima facie.'
It is manifest that if Charles R. Dean was a fictitious person, plaintiffs had no title, for they claimed under a deed from him. ”

“ But this deposition is not incorporated into the bill of exceptions, nor so referred to in it as to be made a part of the record of the case. It is only a useless encumbrance of the transcript, and an expense to the litigating parties. ”

“ The fee does not vest upon default of the mortgagor, in the mortgagee, or his assignee. The fee only vests upon sale and foreclosure.' In Tallman vs. Ely, (6 Wis. R., 257) , the same Court says: 'Our statute provides that the mortgagee shall not bring his action of ejectment before foreclosing the equity of redemption ”