Noonan v. Bradley
Supreme Court of the United States
On motion. The facts were these: Lee, domiciled in New York, sold and conveyed in 1855 to Noonan, domiciled in Wisconsin, a tract of land in the latter State, taking his bond and mortgage for the purchase-money. But there being at the time a question as to the validity of Lee’s title, he agreed that if the title failed he would not enforce the bond.
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On motion. The facts were these: Lee, domiciled in New York, sold and conveyed in 1855 to Noonan, domiciled in Wisconsin, a tract of land in the latter State, taking his bond and mortgage for the purchase-money. But there being at the time a question as to the validity of Lee’s title, he agreed that if the title failed he would not enforce the bond. Noonan having made default in his payment, Lee filed a bill, in the Federal court for Wisconsin praying for a sale of the mortgaged premises, the payment of the mortgage debt, and for general relief. That-court, on an issue made as to whether the…
1Opinion of the CourtJustice Clifford
Particular reference to the nature of the controversy and the prior adjudications in respect to the same are indispensable in order that the motion and the effect of it, if granted, may be properly understood.
Noonan, on the first day of October, 1855, purchased of Lee certain real estate, situated in Wisconsin, by deed of warranty, and gave his bond for the purchase-money conditioned to pay four thousand dollars in four equal annual instalments, with interest, and gave a mortgage on the premises to secure the payments as specified in the bond, and the mortgage also contained a stipulation…
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