Macloon v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action to foreclose a mortgage given by J. Maurice Smith and wife to William Maeloon.
Read the full summary
APPEAL from the Circuit Court for Rock County. Action to foreclose a mortgage given by J. Maurice Smith and wife to William Maeloon. I. July 31,1876, J. Maurice Smith entered into an agreement witb the plaintiff, which recited that the said Smith and one Ford were joint owners, each owning an undivided one-half of certain premises ; that they had made a contract with the United States to erect a building on such premises, and to rent a portion of the same to the United States, and a similar contract to rent a portion of said building to the city of Janes-ville, and that a judgment of $750 had…
1Opinion of the CourtCole, J.
Without doubt, the circuit court excluded the evidence in support of the first defense or counterclaim because it presented no case entitling the defendants to relief. In that view of the answer we fully concur. It is claimed by the learned counsel for the defendants J. Maurice Smith and wife, that the note and mortgage sought to be foreclosed were not voluntarily made; that they were executed under a species of duress or compulsion, so as not to be the free act of the mortgagors. But this claim, as it appears to us, is overwhelmingly disproved by the allegations of the answer. The answer…
2Cases cited6 opinions
- National Bank of North America v. KirbyMassachusetts Supreme Judicial Court · 1871
- Basse v. GalleggerWisconsin Supreme Court · 1859
- Marine Bank v. International BankWisconsin Supreme Court · 1859
- Catlin v. Lyman & MarshSupreme Court of Vermont · 1844
- Rubens v. PrindleNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hekla Fire Insurance v. MorrisonWisconsin Supreme Court · 1882
- Peterson v. WebergSupreme Court of Minnesota · 1925