Jaffray v. Crane
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Foreclosure of a mortgage. The defendant Ally A. TP. Crane appealed from an order sustaining plaintiff’s demurrer to her answer. The case will sufficiently appear from the opinion. 1. The mortgage was simply an accessory to the debt of J. S. Crane, and cannot exist without it. Any arrangement by which the debt is paid or discharged, satisfies the mortgage.
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APPEAL from the Circuit Court for Hacine County. Foreclosure of a mortgage. The defendant Ally A. TP. Crane appealed from an order sustaining plaintiff’s demurrer to her answer. The case will sufficiently appear from the opinion. 1. The mortgage was simply an accessory to the debt of J. S. Crane, and cannot exist without it. Any arrangement by which the debt is paid or discharged, satisfies the mortgage. Jaek&on v. Staehhouse, 1 Cow., 122; Cameron v. Irwin, 5 Hill, 272; Bunyan i>. Mersereau, 11 Johns., 534; Moore v. Cord, 14WÍS., 213; Arnot v. Post, 6 Hill, 65; Kortright v. Cady, 21 N. Y.,…
1Opinion of the CourtOjrtoN, J.
The notes of Jacob S. Crane were secured by the mortgage of his wife, Abby A. W. Grane, upon her separate estate. Her first defense to the foreclosure of this mortgage is, that, after these notes were given, Jacob S. Orane was adjudicated a bankrupt, and that an agreement of composition was entered into between him and his creditors to pay them *351fifty per cent, of their claims in equal installments at three, six and nine months from the confirmation of thenomposition, and that he should give his notes for the same, secured by the guaranty of one Meadows; that this composition was confirmed by…
2Cases cited10 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Ohio Citizens Trust Co. v. Smith (In Re Smith)United States Bankruptcy Court, N.D. Ohio · 1981
- Blunt v. WalkerWisconsin Supreme Court · 1860
- Eastman v. PorterWisconsin Supreme Court · 1861
- Matter of OPM Leasing Services, Inc.United States Bankruptcy Court, S.D. New York · 1981
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3Cited by6 opinions
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1896
- C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
- Reynolds v. JohnsonSupreme Court of Arkansas · 1891
- Comstock v. BuckleyWisconsin Supreme Court · 1910
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.