Lynch v. Ryan
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. This is an action in equity seeking judgment declaring a certain deed to be in fact a mortgage.
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Appeal from a judgment of tbe circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. This is an action in equity seeking judgment declaring a certain deed to be in fact a mortgage. Many of the facts were substantially undisputed and may be stated as follows: Prior to March, 1889, the plaintiff became the owner of eighty acres of farm land in the town and county of Rock, and his wife became the owner of another eighty in the same town, both tracts being subject to mortgage. Mrs. Lynch was a cousin of the defendants J oseph A. Ryan and J. B. Slattery. Edward H. Ryan was a brother of…
1Opinion of the Court
*275The following’ opinion was filed April 30, 1907:
Wietslow, J.
The appellant makes a number of minor contentions, which we find it unnecessary to consider in consequence of the conclusion which we have reached upon the merits .of the case.
After careful consideration of the evidence we are unable to agree with the conclusion that the plaintiff’s equity of redemption in the lands in question was extinguished by the deed from Slattery to the defendant Ryan, and we shall briefly state the reasons for this conclusion. Where the relation of mortgagor and mortgagee of real estate has been once…
2Cases cited2 opinions
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Kunert v. StrongWisconsin Supreme Court · 1899
3Cited by10 opinions
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