Lynch v. Ryan
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Bock ■county: Geobge Gbimm, Circuit Judge. Equitable action to have a deed, under which defendant Jiyan had claimed and been possessed of a farm property for several years, declared to have conveyed to him only a mortgage interest and plaintiff adjudged, to be entitled to redeem from the incumbrance as owner of the legal title, and to compel said defendant to account as mortgagee in possession under the rules applicable to the…
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Appeals from a judgment of the circuit court for Bock ■county: Geobge Gbimm, Circuit Judge. Equitable action to have a deed, under which defendant Jiyan had claimed and been possessed of a farm property for several years, declared to have conveyed to him only a mortgage interest and plaintiff adjudged, to be entitled to redeem from the incumbrance as owner of the legal title, and to compel said defendant to account as mortgagee in possession under the rules applicable to the situation, to the end that the amount might be ascertained which he was equitably entitled to receive from plaintiff to…
1Opinion of the CourtMaeshall, J.
Tbe greater part of tbe briefs of counsel on both appeals is taken up in discussing tbe findings that all tbe repairs and improvements of tbe mortgaged property charged for by defendant in bis account, except tbe enlargement of tbe bam, were made by him with tbe knowledge and approval of tbe plaintiff and were necessary to tbe profitable management of tbe farm; that such enlargement required an expenditure of $175 out of a total of $297 paid for repairing and rebuilding tbe barn; that defendant knew from the beginning of bis possession bis sole interest in the property was by-virtue of a…
2Cases cited10 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Martin v. MorrisWisconsin Supreme Court · 1885
- Still v. BuzzellSupreme Court of Vermont · 1887
- Gleiser v. McGregorSupreme Court of Iowa · 1892
- Hills v. LoomisSupreme Court of Vermont · 1870
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3Cited by5 opinions
- Bomar v. SmithCourt of Appeals of Texas · 1917
- Caro v. WollenbergOregon Supreme Court · 1917
- Whitbeck v. McClenahanSouth Dakota Supreme Court · 1918
- Estate of HemphillWisconsin Supreme Court · 1914
- Yudelson v. Northwestern Mutual Life InsuranceSupreme Court of Georgia · 1942