Palmer v. Yager
Wisconsin Supreme Court
APPEALS from, tbe Circuit Court for Racine County. Foreclosure of a mortgage. Tbe action was by Galvin 6?. Williams against Elizabeth Yager, Patrick Gt. Cheeves and wife, John A. Waltermire and wife, Zechariah H Link, and Elizabeth Ya-ger and Hiram, Hiestand as administrator and administratrix of tbe estate of Henry W. Yager, deceased.
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APPEALS from, tbe Circuit Court for Racine County. Foreclosure of a mortgage. Tbe action was by Galvin 6?. Williams against Elizabeth Yager, Patrick Gt. Cheeves and wife, John A. Waltermire and wife, Zechariah H Link, and Elizabeth Ya-ger and Hiram, Hiestand as administrator and administratrix of tbe estate of Henry W. Yager, deceased. Tbe mortgage was executed by Henry W. and Elizabeth Yager, in August, 1848, as collateral to an instrument made by said Henry W. Yager, wbicb, when produced in evidence, was found not to be under seal, and wbicb is described in tbe complaint as “ a certain bond…
1Opinion of the CourtDixoN, C. J.
There are three appeals in this cause, and three entries upon the calendar: one by the plaintiffs, one by the defendants Rlizabeth Yager and Hiram Hiestand, and the other by the defendant Oheeves.
f The question upon the two first appeals is, whether the ¡agreement of June, 1853, between Williams and Yager, since i deceased, was an accord and satisfaction of the claim now set l up upon the bond and mortgage. The circuit court held that it was, and gave judgment for the plaintiffs for the balance found due upon the agreement, though a much larger sum was due according to the terms of the bond…
2Cases cited1 opinion
- Pelton v. FarminWisconsin Supreme Court · 1864
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- Pancoast v. Travelers InsuranceIndiana Supreme Court · 1881
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