Weir v. Mosher
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. This action was brought in 1862, to foreclose a mortgage given by tbe defendant William Mosher to Reuben Stone, tbe plaintiff’s testator, in 1841, to secure a bond for $1000, with interest.
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APPEAL from tbe Circuit Court for Racine County. This action was brought in 1862, to foreclose a mortgage given by tbe defendant William Mosher to Reuben Stone, tbe plaintiff’s testator, in 1841, to secure a bond for $1000, with interest. Tbe plaintiff’s co-executor, Reuben E. Stone, died in November, 1858. William Mosher answered denying any indebtedness, and alleging that in June, 1858, be paid said Reuben E. Stone tbe full amount of tbe mortgage debt, and that said Reuben E. thereupon discharged tbe mortgage of record. The defendant Holmes answered alleging tbe same defense, and that be…
1Opinion of the Court
By the Court,
Dixon, C. J.
It is of the plaintiff and his deceased co-executor as executors, and not as trustees under the will, that we must speak. It is not shown that the estate was settled, and the securities passed to them as trustees; nor does it appear but that sufficient funds out of the securities are still in the hands of the plaintiff as surviving executor to answer the exigencies of the trust.
Viewing the case then as one involving the powers and duties of the executors as such, we hold : 1. That the satisfaction of the mortgage by the deceased executor, Stone, is prima facie valid —…
2Cases cited2 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by4 opinions
- In re Luscombe's WillWisconsin Supreme Court · 1901
- Hemmy v. HawkinsWisconsin Supreme Court · 1899
- Vernor v. CovilleMichigan Supreme Court · 1884
- Battenhausen v. BullockAppellate Court of Illinois · 1881