Duecker v. Goeres
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: ÜST. S. Gilsoit, Circuit Judge. Action to reform a mortgage and foreclose it as reformed.
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Appeal from a judgment of the circuit court for Manito-woc county: ÜST. S. Gilsoit, Circuit Judge. Action to reform a mortgage and foreclose it as reformed. The issues made by the pleadings are covered by the findings of fact, which are substantially as follows: May 31, 1880, defendant Henry Goeres, being then the owner of a judgment rendered in justice’s court against one Christman for $142.24 and costs, filed a transcript thereof, not stating. the date of the judgment, in the office of the clerk of the circuit court where some lands owned by the judgment debtor lay, and thereafter, about…
1Opinion of the CourtMaeshall, J.
The first assignment of error which needs consideration goes to the question of whether the findings of fact, as to Goeres having guaranteed the judgment to be • good and collectible, agreed to give a mortgage to secure ■such guaranty, given the mortgage in suit in fulfillment of such agreement, and used the words therein “legal and correct ” as the equivalent of the words “ good and collectible ” by mutual mistake of himself and plaintiffs, are' supported by the evidence. The conclusion to which we have arrived ■on the whole case renders that assignment of error of little importance, but it…
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