Nixv v. Wiswell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The defendant Charles F. Hall, being the owner of fifteen acres of land described, with the Pishcotaqua Hotel thereon and the furniture therein, situated on the shore of Lake Geneva, borrowed of one "William A. McConnell $16,000, May 18, 1883, and gave him therefor two notes, each signed by himself and one Shepard, each payable five years after date, one for $6,000 and the other for $10,000, and to secure said notes the said…
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APPEAL from the Circuit Court for Walworth County. The defendant Charles F. Hall, being the owner of fifteen acres of land described, with the Pishcotaqua Hotel thereon and the furniture therein, situated on the shore of Lake Geneva, borrowed of one "William A. McConnell $16,000, May 18, 1883, and gave him therefor two notes, each signed by himself and one Shepard, each payable five years after date, one for $6,000 and the other for $10,000, and to secure said notes the said Hall and wife at the same time executed and delivered to said William A. McConnell a mortgage on said real estate for…
1Opinion of the CourtCassoday, J.
It is conceded that at the time Hall conveyed the real estate and transferred the personal property to Charles. H. Nix, April 24,1885, no part of the principal sum of the indebtedness of $16,000. from Hall to McConnell had been paid, but the same remained a subsisting debt, secured not only by the mortgage given by Hall to McConnell on the real estate, but also by the chattel mortgage given at the same time by Hall to McConnell on the personal property. In fact, Charles H. Nix took the real and personal estate subject to those mortgages, and the *340amount of such indebtedness was deducted from…
2Cases cited16 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Smith v. WilliamsMichigan Supreme Court · 1880
- Lowe v. WingWisconsin Supreme Court · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- First National Bank of Springfield v. Dep't of RevenueIllinois Supreme Court · 1981
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
- Graham v. PerryWisconsin Supreme Court · 1929
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