Legal Opinion

Fisk v. Brunette

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 13 opinions

APPEAL from tbe Cbcuit Court for Brown County. Action of ejectment, complaint in tbe usual form, defense a counter claim.

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APPEAL from tbe Cbcuit Court for Brown County. Action of ejectment, complaint in tbe usual form, defense a counter claim. Tbe court found as facts tbat tbe plaintiff, Msh, beld tbe land subject to a contract to convey to tbe defendant, Brunette, all title acquired by plaintiff from one Eastman, on being repaid the sum of $1,000 advanced thereon, with all other sums previously advanced by Fish to Brunette; that the plaintiff held as liens and incumbrances on the premises certain mortgages and tax certificates,' and that plaintiff was entitled to twenty-five per cent, on the tax certificates up…

1Opinion of the CourtDixoN, C. J.

No question as to the defendant’s right to redeem is before us on this appeal. The court below decided he had such right, and in that decision the plaintiff acquiesces. The only question before this court, therefore, is whether the account was correctly stated by the court below, and we are of opinion it was not. The right of redemption being established, and it appearing that the plaintiff held the legal title in trust for the defendant Brunette, and as security for the moneys due him on the mortgages and the various sums advanced by him, it seems clear that the court was in error in the…

2Cited by13 opinions

  1. Spratt v. PriceSupreme Court of Florida · 1881
  2. Shepard v. VincentWashington Supreme Court · 1905
  3. Burchard v. RobertsWisconsin Supreme Court · 1887
  4. Stinson v. Connecticut Mutual Life InsuranceIllinois Supreme Court · 1898
  5. Ragor v. LomaxAppellate Court of Illinois · 1887

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