Spencer v. Fredendall
Wisconsin Supreme Court
APPEAL from tbe County Court for Bock County. Action to compel tbe defendants to convey a bouse and lot to tbe plaintiff in pursuance of a parol agreement. Tbe cause was referred to a referee for bearing and determination.
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APPEAL from tbe County Court for Bock County. Action to compel tbe defendants to convey a bouse and lot to tbe plaintiff in pursuance of a parol agreement. Tbe cause was referred to a referee for bearing and determination. He reported tbe material facts to be as follows: Tbe bouse and lot referred to, and certain mill property belonging to tbe plaintiff, were bid off at a foreclosure sale in August, 1848, by tbe defendants Fredendall and A. M. Parshall, under a verbal agreement that they should bold tbe property for two years after tbe sale as security for tbe repayment of tbe amount of tbeir…
1Opinion of the Court
By the Oowrt,
PAINE, J.
Tbe only question presented by tbe exceptions in this case is, whether the conclusions of law were right, upon the facts as found by the court below.
These facts were briefly these. The homestead and certain mill property of the plaintiff were bid off by the defendants at a foreclosure sale, upon an agreement that they were to take the title and hold the property by way of mortgage for the money advanced, which was advanced as a loan to the plaintiff. The relation of mortgagor and mortgagee was shown by parol evidence as to the real nature of the transaction, and was in…
2Cited by17 opinions
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- Cumps v. KiyoWisconsin Supreme Court · 1899
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- San Antonio Real Estate, Building & Loan Ass'n v. StewartCourt of Appeals of Texas · 1901
- Campbell v. BabcockWisconsin Supreme Court · 1871
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