Akerly v. Vilas
Wisconsin Supreme Court
APPEALS from the Circuit Court for Dane County. Foreclosure of a mortgage on lands in said county, executed by the defendants L. B. Tilas and luife, in September, 1855, to the plaintiff and Mrs. Louisa S. Lord, to secure bonds of said L. B. Tilas. These bonds were for the aggregate sum of $13,000, the purchase money of certain lands in Prairie du Chien, and in Grant and Green counties in this state.
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APPEALS from the Circuit Court for Dane County. Foreclosure of a mortgage on lands in said county, executed by the defendants L. B. Tilas and luife, in September, 1855, to the plaintiff and Mrs. Louisa S. Lord, to secure bonds of said L. B. Tilas. These bonds were for the aggregate sum of $13,000, the purchase money of certain lands in Prairie du Chien, and in Grant and Green counties in this state. The answer of L. B. Tilas sets up several grounds of defense and counter-claim. 1. It alleges, in substance, that in August, 1855, he negotiated with the plaintiff and Mrs. Louisa S. Lord, in the…
1Opinion of the CourtDowner, J.
These are cross appeals from the same judg. ment. Aherly brought his suit to foreclose a mortgage given by the defendant Vilas to secure three bonds conditioned for the payment of $13,000, which is the purchase money for certain lands in Prairie du Chien, and in Grant and Green counties.
The first question for our consideration is: Has Vilas the right to rescind the contract for the purchase of these lands ?
The title to the lands was in Louisa S. Lord, wife of Frederick ~W. Lord, and Jay Camiah Aherly. A part of the lands, at Prairie du Ghien had been conveyed to the trustees of Prairie du…
2Cases cited7 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Walker v. WilsonWisconsin Supreme Court · 1861
- Hall v. FisherNew York Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Scantlin v. AllisonSupreme Court of Kansas · 1873
- Akerly v. VilasWisconsin Supreme Court · 1868
- Meinzer v. City of RacineWisconsin Supreme Court · 1889
- Mulberger v. KoenigWisconsin Supreme Court · 1885
- Dawson v. SparksTexas Commission of Appeals · 1881
1 more not listed; retrieve them via the Exa API.