McClellan v. Sanford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Foreclosure of a mortgage executed by one More-house to the La Crosse and Milwaukee R. R. Co. in 1854, upon the N. W. | of sec. 33, the N. E. | of the N. E. | of sec. 32, and the West half and S. E. ¿ of the S. E. J of sec. 29, in said county, to secure Morehouse’s note of same date, running to said company, for $2,000, payable in ten years, with interest payable annually.
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APPEAL from the Circuit Court for Saule County. Foreclosure of a mortgage executed by one More-house to the La Crosse and Milwaukee R. R. Co. in 1854, upon the N. W. | of sec. 33, the N. E. | of the N. E. | of sec. 32, and the West half and S. E. ¿ of the S. E. J of sec. 29, in said county, to secure Morehouse’s note of same date, running to said company, for $2,000, payable in ten years, with interest payable annually. This note and mortgage were attached to a bond of the railroad company for the same amount, having the same length of time to run, and bearing interest at the same rate; and…
1Opinion of the CourtDixon, C. J.
The facts and circumstances of the transaction between Duryee and the defendant Sanford, as disclosed by all the testimony, tend very strongly to show that the clause of the deed in question was correctly inserted, and correctly represents the actual agreement of the parties. Sanford testifies that he bought the land, and agreed to pay and did pay $1,400 for it, in goods at cost prices, and was to take it subject to the mortgage; and he repeats in his testimony that “ the land was not considered worth any the less for the mortgage being on it.” Duryee testifies to the *603same thing, and gives…
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- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
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