Van Beck v. Milbrath
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought by the plaintiff to reform a note and mortgage executed by the defendant E. J. Holtz to plaintiff' on October 4, 1891, to secure the payment of $3,500. The material facts involved in this appeal are as follows: Plaintiff otvned property in Estes’ subdivision and in Van Beck’s subdivision in the city of Milwaukee, incumbered by a mortgage of $600. The defendants O. W.…
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Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. This action is brought by the plaintiff to reform a note and mortgage executed by the defendant E. J. Holtz to plaintiff' on October 4, 1891, to secure the payment of $3,500. The material facts involved in this appeal are as follows: Plaintiff otvned property in Estes’ subdivision and in Van Beck’s subdivision in the city of Milwaukee, incumbered by a mortgage of $600. The defendants O. W. Milbrath and W. G. and E. J. IToltz were the owners under a land contract of twenty acres located in the toAvn of Lake,…
1Opinion of the CourtSiebecker, J.
This action was brought to foreclose a mortgage upon real estate. The complaint charges that plaintiff became the bolder and owner of the note and mortgage in question pursuant to an exchange of properties between himself and defendants Milbrath and W. C. and F. J. Holtz, on October 4, 1897. It is further alleged that be was defrauded in this transaction by defendants, who induced him to take this note and mortgage executed by defendant F. J. Holtz in place of a note and mortgage executed by the three defendants jointly, and that they fraudulently omitted from the mortgage several parcels of…
2Cases cited4 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
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