Mankel v. Belscamper
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This was an action to foreclose an equitable mortgage, the defendant having caused the lands described in the complaint to be conveyed to the plaintiff as security for the loan of $600, used by him in part payment of the purchase money of said premises, the plaintiff having executed at the same time an agreement to convey the same to the defendant by sufficient deed on the payment of said sum of $600 and interest as follows:…
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APPEAL from the Circuit Court for Grant County. This was an action to foreclose an equitable mortgage, the defendant having caused the lands described in the complaint to be conveyed to the plaintiff as security for the loan of $600, used by him in part payment of the purchase money of said premises, the plaintiff having executed at the same time an agreement to convey the same to the defendant by sufficient deed on the payment of said sum of $600 and interest as follows: $50 on or before January 1, 1887; $100 on or before January 1,1888; $100 on or before January 1, 1889; $100 on or before…
1Opinion of the CourtPiNNEY, J.
The testimony in respect to the tender pleaded by the defendant is somewhat conflicting in some particulars, but the circuit court found that the tender was proved, and that the defendant was entitled, in consequence, to the relief sought by his counterclaim. It is -certain that there is no such decided preponderance of proof of evidence against the finding on any material point as would justify this court in coming to any different conclusion, in view of the fact that the circuit judge had advantages for testing the credibility ■ of the witnesses who testified in *223open court on the trial…
2Cases cited2 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Breitenbach v. TurnerWisconsin Supreme Court · 1864
3Cited by11 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
- City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
- Kellogg v. Citizens Insurance Co.Wisconsin Supreme Court · 1896
- Engelbach v. SimpsonCourt of Appeals of Texas · 1896
- Rosecky v. TomaszewskiWisconsin Supreme Court · 1937
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