Blakely v. Twining
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday : It is undisputed that about December 18, 1869, Peter 8. Twinmg gave a note and mortgage on the premises in question to one Samuel "Weiner for $400; and that the balance unpaid thereon July 31, 1872, was about $200; that on that day said Peter executed and delivered a note, payable three years from date, to his brother IST.
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APPEAL from, the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday : It is undisputed that about December 18, 1869, Peter 8. Twinmg gave a note and mortgage on the premises in question to one Samuel "Weiner for $400; and that the balance unpaid thereon July 31, 1872, was about $200; that on that day said Peter executed and delivered a note, payable three years from date, to his brother IST. C. Twining, or bearer, for $642, with annual interest at ten per cent, until paid; and he and his wife at the same time executed and delivered a…
1Opinion of the CourtQassodat, J.
Rone of the defendants answered or appeared in the case, except Peter S. Twining, who executed the $642 note and mortgage July 31, 1872, upon which this action is brought. He seeks to reduce the amount of the judgment.
1. There is no claim that he ever made any payment thereon, except the one dollar paid July 5, 1881, and the $700 paid May 14, 1886. After giving him credit for both of those payments, the trial court found there was still duo from him thereon, December 8, 1886, a balance of $859.78. If he is entitled to have no allowance except those two payments, then the amount still due from…
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