Wipfli v. Bever

The sole issue on this appeal is whether defendant Bever’s bond issued to Clintonville is assignable. If it is, then Wipfli, as Clintonville’s assignee, is entitled to foreclose the mortgage given to secure performance of the bond.

While the bond from Bever to Clintonville contained no language that it ran to Clintonville’s assigns, the mortgage securing the same contained this clause:

“Provided always, and these presents are upon this express condition, that if the said Ralph J. Bever and Esther Bever, his wife parties of the first part, their heirs, executors, administrators or assigns, shall…