Latton v. McCarty
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Taylor ■county: John K Pajeush, Circuit Judge. On October 10, 1898, Mite Wagoner and his wife executed a mortgage upon a certain parcel of real estate owned by him in the city of Medford, to secure a note for $250 signed by them in favor of Arthur J. Latton.
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Appeal from a judgment of the circuit court for Taylor ■county: John K Pajeush, Circuit Judge. On October 10, 1898, Mite Wagoner and his wife executed a mortgage upon a certain parcel of real estate owned by him in the city of Medford, to secure a note for $250 signed by them in favor of Arthur J. Latton. On October 24, 1898, Mite Wagoner entered into a land contract with John McCarty, whereby, in consideration of $600, Wagoner agreed to give a warranty deed of these premises to McCarty when the purchase price was fully paid. McCarty paid $100 at the time of the execution of the contract and…
1Opinion of the CourtSiebecKER, J.
Tbe evidence as to many of the facts stated above is undisputed. Tbe findings of the court do not cover many of these undisputed facts. Tbe main controverted and material issues of fact were whether or not tbe mortgage on tbe premises, securing payment of tbe $250 note, was discharged; whether or not a portion of tbe purchase money remained unpaid; and whether or not tbe defendant Maggie Perry bad notice tbat a part of tbe purchase money which was due from McCarty remained unpaid at tbe time she purchased a part of tbe premises. These issues were *194embraced in tbe court’s findings. It found…
2Cases cited12 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Hopkins v. GilmanWisconsin Supreme Court · 1868
- Leonard v. RoganWisconsin Supreme Court · 1866
- Kimball v. DarlingWisconsin Supreme Court · 1873
- Mason v. BeachWisconsin Supreme Court · 1882
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3Cited by1 opinion
- Kleih v. Van SchoyckWisconsin Supreme Court · 1947