Thomas v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green County. Action to foreclose a mortgage made by the defendant, Elizabeth Mitchell, April 23, 1862, to secure her note of the same date for $1,155, with interest at ten per cent., running to Elizabeth Thomas, one of the plaintiffs, with whom her husband, Robert Thomas, joined in bringing suit.
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APPEAL from the Circuit Court for Green County. Action to foreclose a mortgage made by the defendant, Elizabeth Mitchell, April 23, 1862, to secure her note of the same date for $1,155, with interest at ten per cent., running to Elizabeth Thomas, one of the plaintiffs, with whom her husband, Robert Thomas, joined in bringing suit. The defense was, in substance, want of consideration for the note and mortgage, fraud and undue influence in procuring them to be executed, and usury. • The court found the following facts: One Henry Mitchell, husband of the defendant, and father of the plaintiff…
1Opinion of the CourtDixon, C. J.
In this case there were no exceptions to the findings of fact or conclusions of law in the court below, and therefore, according to the well settled practice in this court, there is nothing for us to review, except to see if the finding supports the judgment. And we think it clearly does. The court found as a fact that the defendant became the owner of the mortgaged premises by purchase, and, as a part of the consideration, agreed to pay the usurious mortgage then upon the premises, executed by John Mitchell, and which mortgage entered into and formed part of the consideration of the mortgage…
2Cited by10 opinions
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Cramer v. HanafordWisconsin Supreme Court · 1881
- White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898
- Town of Saukville v. Town of GraftonWisconsin Supreme Court · 1887
- Karlen v. TrickelWisconsin Supreme Court · 1926
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