Catlin v. Henton
Wisconsin Supreme Court
APPEAL' PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was a suit commenced by bill, to foreclose a mortgage given with a promissory note which was therein declared to be collateral to the mortgage, in Fond du Lac county.
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APPEAL' PROM CIRCUIT COURT, MILWAUKEE COUNTY. This was a suit commenced by bill, to foreclose a mortgage given with a promissory note which was therein declared to be collateral to the mortgage, in Fond du Lac county. The bill shows that David P. Mapes and his wife were the mortgagors, and David P. Mapes and Timothy J. Mapes, the makers of the collateral note; that the mortgage and note were dated and executed the 13 th of June, 1854, for the principal sum of $1500, with 12 per ceDt interest, to fall due on June 13th, 1856 ; that the note was made payable to George N. Lyman, or bearer, and…
1Opinion of the Court
By the Court,
Paine, J.
This was an action to foreclose a .mortgage, originally given by David P. Mapes and wife to George N. Lyman, and transferred by several assignments to the respondent. The defense set up in the answers of David P. Mapes and Timothy J. Mapes, as well as in the answers of the appellants, who were subsequent purchasers of the *492property, after the mortgage was given and recorded, is substantially as follows: Timothy J. Mapes was head clerk in Lyman’s store, and was charged by Lyman with having at divers times taken large amounts of money for which he had not accounted; and was…
2Cited by19 opinions
- Schultz v. CatlinWisconsin Supreme Court · 1891
- City National Bank v. KuswormWisconsin Supreme Court · 1894
- Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
- Gillmann v. HenryWisconsin Supreme Court · 1881
- Sanford v. McCreedyWisconsin Supreme Court · 1871
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