Wood v. Trask
Wisconsin Supreme Court
Appeal ekom rock circuit court. This was an action to foreclose a mortgage. The complaint which states as briefly as possible, the facts in the case, sets forth that the defendants, Marvin W. Trask and Isaac How-land, on the 16th day of February, 1857, made two promissory notes, by which they promised to pay the plaintiffs $2,000, with interest at ten per cent.; the principal sum payable as follows: $1000 in oneyear and $1000 in two years from the date thereof, and that to…
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Appeal ekom rock circuit court. This was an action to foreclose a mortgage. The complaint which states as briefly as possible, the facts in the case, sets forth that the defendants, Marvin W. Trask and Isaac How-land, on the 16th day of February, 1857, made two promissory notes, by which they promised to pay the plaintiffs $2,000, with interest at ten per cent.; the principal sum payable as follows: $1000 in oneyear and $1000 in two years from the date thereof, and that to secure the payment of the same, they made, executed, and delivered to the plaintiffs, a mortgage upon certain lands in…
1Opinion of the Court
By the Court,
Cole, J.
The statement of the facts in this case sufficiently shows the relations and rights of the parties. From this it appears that Royal Wood, one of the joint mortgagees, sold and transferred unto one Gibbs, his interest in the second note secured by said mortgage, being one-half thereof, reserving his interest in the first note to become due, of like amount, secured by the same mortgage, that Gibbs refused to join in the foreclosure suit, and had assigned his interest in said second note to the defendant Bailey. But one note had become due at the time of the decree. Upon…
2Cases cited2 opinions
- State Bank v. TweedyIndiana Supreme Court · 1847
- Howe v. EnglishWisconsin Supreme Court · 1858
3Cited by12 opinions
- Church v. SmithWisconsin Supreme Court · 1876
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Pasco v. GambleSupreme Court of Florida · 1876
- Slaughter v. BernardsWisconsin Supreme Court · 1897
- Shaw v. Crandon State BankWisconsin Supreme Court · 1911
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