Kobiter v. Albrecht
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ma/rquette County. This action is to foreclose a mortgage on 326 acres of land in Marquette county, executed by defendants Frederick and Sophia Albreeht to plaintiff, to secure tbe payment of a promissory note made by tbe mortgagors to tbe plaintiff for $4,000, dated April 18, 1885, and payable five years from date, with interest at six per cent., payable annually.
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APPEAL from tbe Circuit Court for Ma/rquette County. This action is to foreclose a mortgage on 326 acres of land in Marquette county, executed by defendants Frederick and Sophia Albreeht to plaintiff, to secure tbe payment of a promissory note made by tbe mortgagors to tbe plaintiff for $4,000, dated April 18, 1885, and payable five years from date, with interest at six per cent., payable annually. Sucb note and mortgage are for tbe unpaid balance of tbe purchase money for tbe mortgaged premises. Tbe complaint is in tbe usual form of complaints in actions to foreclose mortgages. It admits…
1Opinion of the CourtLyoN, C. J.
I. The defense set up in the answer of the mortgagors is that the plaintiff fraudulently misrepresented the quality and value of the mortgaged land, and that by reason of the misrepresentation of quality the land was not worth as much as the mortgagors paid down on their pur•chase, and hence that there was no consideration for the .note and mortgage in suit, which were given for the unpaid *62balance of the agreed price of the property. In other words, the only defense pleaded is a total failure of consideration for such note and mortgage. That defense failed, for the plaintiff recovered over…
2Cases cited3 opinions
- Holden v. MeadowsWisconsin Supreme Court · 1872
- Herman v. GrayWisconsin Supreme Court · 1891
- Gould v. GouldU.S. Circuit Court for the District of Massachusetts · 1844
3Cited by7 opinions
- Harweger v. WilcoxWisconsin Supreme Court · 1962
- Potter v. Necedah Lumber Co.Wisconsin Supreme Court · 1899
- Gifford v. ThurWisconsin Supreme Court · 1938
- Scholtz v. KerschensteinerWisconsin Supreme Court · 1927
- Pieckowski v. GolonkaWisconsin Supreme Court · 1924
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