Brinkman v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mcmitowoo County. 'Ejectment, against Alonso D. Jones. The case is thus stated by Mr. Justice Tatloe in bis opinion as originally prepared : “This is an action of ejectment to recover the possession of seventy-five acres of land situated in Manitowoc county.
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APPEAL from the Circuit Court for Mcmitowoo County. 'Ejectment, against Alonso D. Jones. The case is thus stated by Mr. Justice Tatloe in bis opinion as originally prepared : “This is an action of ejectment to recover the possession of seventy-five acres of land situated in Manitowoc county. The defense is, that the plaintiff’s interest in the land is that of a mortgagee, and therefore he is not entitled to recover the possession from the defendant, who claims to be in as grantee of the mortgagor. “ The facts appearing upon the trial in the court below are these: .August 27, 1870, Benjamin…
1Opinion of the CourtTaylor, J.
The evidence as above recited, presents the case in the most favorable light for the plaintiff, and much more favorably, perhaps, than it would appear if all the details of it were given.
Upon this evidence the learned counsel for the respective parties do not differ as to the effect which must be given to the deed and contract of August 27, 1870. Both admit that the deed of that date, connected with the contract of the same date, clearly established the relation of mortgagor and mortgagee between the parties. It was a mortgage from Jones to Shove to secure the payment of the sum of $2,300,…
2Cases cited36 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Trimm v. . MarshNew York Court of Appeals · 1874
- Runyan v. MersereauNew York Supreme Court · 1814
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Jordan v. PollockSupreme Court of Georgia · 1853
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3Cited by60 opinions
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- Spect v. SpectCalifornia Supreme Court · 1891
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Gross v. HeckertWisconsin Supreme Court · 1904
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