Frey v. Vanderhoof
Wisconsin Supreme Court
from the Circuit Court for 'Walworth County. This was an action to foreclose a mortgage upon 160 acres 0f iaQ¿) given in February, 1853, by Gilbert I. Vanderhoof to one Rood, and by him assigned to the plaintiff, Henry Frey.
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from the Circuit Court for 'Walworth County. This was an action to foreclose a mortgage upon 160 acres 0f iaQ¿) given in February, 1853, by Gilbert I. Vanderhoof to one Rood, and by him assigned to the plaintiff, Henry Frey. The answer stated that in September, 1857, tbe defendant agreed orally with the plaintiff' to sell to him tbe 160 acres covered by tbe mortgage, and 80 acres adjoining it, beld by school land certificate, for the sum of $6000, of which about $2650 was to be paid by tbe conveyance and transfer of other property, and $1600 was to be secured by a mortgage on the 160 acres,…
1Opinion of the Court
By the Court,
PAINE, J.
We are satisfied from the evidence in this case, that the truth of the matter is substantially stated in the defendant’s answer. The defendant, Gilbert I. Vanderhoof, sold his farm to the plaintiff. The mortgage which the plaintiff seeks to foreclose in this suit, was, at the time of the sale, an existing incumbrance on the farm, and it was a part of the agreement that the farm was to be sold subject to this and some other incumbrances, which the *400plaintiff agreed to pay. A part of tbe consideration was paid by the plaintiff, and a mortgage executed to the defendant to…
2Cited by14 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Welz v. RhodiusIndiana Supreme Court · 1882
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Cuddy v. ForemanWisconsin Supreme Court · 1900
- Beckman v. BeckmanWisconsin Supreme Court · 1894
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