Bresnahan v. Bresnahan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Adams County. The plaintiffs, being the owners of certain real estate and personal property, and being very aged and infirm, executed to the defendant John Bresnahan, their son, a deed of such real estate and a bill of sale of such personal projierty; and at the same time John executed to them his bond for $2,200, in . the condition of which he covenanted, among other things, to maintain and support the plaintiffs during their natural lives…
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APPEAL from the Circuit Court for Adams County. The plaintiffs, being the owners of certain real estate and personal property, and being very aged and infirm, executed to the defendant John Bresnahan, their son, a deed of such real estate and a bill of sale of such personal projierty; and at the same time John executed to them his bond for $2,200, in . the condition of which he covenanted, among other things, to maintain and support the plaintiffs during their natural lives in a good, comfortable manner, and to treat them with the kindness, forbeai’ance and respect due and suitable to their…
1Opinion of the CourtLvorr, J.
We think the learned circuit judge erred in holding that the mortgage in suit was given to secure the payment of $2,200, andin giving judgment accordingly. It is apparent that no such covenant was in the minds of the parties, but that the mortgage was given to secure the performance, by the defendant John Bresnahan, of the covenants contained in the conditions of his bond, and those only. True, the condition of the mortgage is to pay $2,200; but it is to pay the same according to the condition of the bond, and we find in the bond no covenant to pay $2,200, or any other specific aggregate sum;…
2Cases cited2 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
3Cited by21 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Jefferson v. ColemanIndiana Supreme Court · 1887
- Payette v. FerrierWashington Supreme Court · 1899
- Weinreich Estate Co. v. A. J. Johnston Co.California Court of Appeal · 1915
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
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