Board of Supervisors v. Hall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. This action was brought in August, 1875, against Richard L. Hall and his wife, and Ben. JR. Ilall, to foreclose two mortgages, both executed April 2, 1873, to secure payment of four promissory notes of the same date, made by Richard L. Ilall, and running, as do the mortgages, to “the supervisors of Oconto county, state of Wisconsin, or their successors in office.”
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APPEAL from the Circuit Court for Oconto County. This action was brought in August, 1875, against Richard L. Hall and his wife, and Ben. JR. Ilall, to foreclose two mortgages, both executed April 2, 1873, to secure payment of four promissory notes of the same date, made by Richard L. Ilall, and running, as do the mortgages, to “the supervisors of Oconto county, state of Wisconsin, or their successors in office.” One of these mortgages was executed by Richard L. ITall and wife, and the other by Ben. JR. Hall, and each conveyed an undivided one-third part of certain land, the description of the…
1Opinion of the CourtCole, J.
"We cannot see that any reformation of the notes and mortgages is necessary. They were given to the county of Oconto for its benefit, and the county owns them. These facts appear from the complaint. It is true, the notes are made payable to the supervisors of Oconto county or their successors in office, instead of being made payable to the county of Oconto, and there is the same misdescription of the name of the mortgagee. But it seems to us this mistake should be treated as immaterial, so long as it appears that the securities were intended to be executed to the county for its benefit, and…
2Cases cited2 opinions
- Lewis v. StoutWisconsin Supreme Court · 1867
- Cook v. BoydCourt of Appeals of Kentucky · 1855
3Cited by6 opinions
- Board of Supervisors of Oconto County v. HallWisconsin Supreme Court · 1879
- City of Columbus v. Town of Fountain PrairieWisconsin Supreme Court · 1908
- State ex rel. Perkins v. BarnesSouth Dakota Supreme Court · 1897
- Town of Platteville v. HooperWisconsin Supreme Court · 1885
- Germantown Farmers' Mutual Insurance v. DheinWisconsin Supreme Court · 1877
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