Gready v. Ready
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Action to have the defendant adjudged to execute a release of a mortgage upon ten acres of land described in the complaint.
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APPEAL from the Circuit Court for Manitowoc County. Action to have the defendant adjudged to execute a release of a mortgage upon ten acres of land described in the complaint. The complaint avers that plaintiff purchased said land of one James E. Kiely, July 24, 1873; that at the time of such purchase, defendant, who then held the mortgage in question, agreed with plaintiff and Kiely that of the sum of $400, which was the consideration of such purchase, $300 should he paid to defendant on the mortgage, of which he would thereupon execute a i’elease; that the $300 was then and there paid to…
1Opinion of the CourtCole, J.
The record in this case recites that the cause came on for trial, and that, the plaintiff having submitted his proofs in the action, it appeared to the circuit court that the plaintiff had failed to prove a cause of action, and the complaint was dismissed - on motion of the attorney for the defendant. This recital certainly shows that the plaintiff rested his cause upon the evidence introduced and offers of testimony made. The errors relied on for a reversal of the judgment are, the rulings of the court excluding, as it is claimed, material testimony offered to prove the allegations of the…
2Cited by5 opinions
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- Browning v. AkinsSupreme Court of Oklahoma · 1900