Legal Opinion

Glendenning v. Johnston

Wisconsin Supreme Court

Decided June 15, 1873PublishedCited by 3 opinions

APPEAL from the Circuit Court for Fond du Lac County. The plaintiff was the owner of certain land in Dodge county, and conveyed the same to one William Hobkirk as security for a loan of money. Afterwards the defendants Frank and John Johnston advanced the money to pay the indebtedness of the plaintiff to Hobkirk, and the latter signed, sealed and acknowledged a conveyance of the land to the Johnstons. This conveyance is absolute on its face.

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APPEAL from the Circuit Court for Fond du Lac County. The plaintiff was the owner of certain land in Dodge county, and conveyed the same to one William Hobkirk as security for a loan of money. Afterwards the defendants Frank and John Johnston advanced the money to pay the indebtedness of the plaintiff to Hobkirk, and the latter signed, sealed and acknowledged a conveyance of the land to the Johnstons. This conveyance is absolute on its face. At the same time the plaintiff and the Johnstons signed an instrument in writing, which is not contained in the record, but which is described in the…

1Opinion of the Court

Lyoít, J.

If the position of the plaintiff is correctly understood, it is, that the agreement or defeasance signed by the parties and left with Hobkirk, was not so left in escrow, but *350merely for convenience, and that, although it did not pass into the actual possession of the plaintiff, there was still a valid delivery thereof to him, and the same was a valid, subsisting agreement between the parties when the conveyance was delivered to the Johnstons. If such were the facts (and the testimony introduced by the plaintiff tends to prove the same) the case is, in principle, like that of Wilcox v.…

2Cases cited1 opinion

  1. Wilcox v. BatesWisconsin Supreme Court · 1870

3Cited by3 opinions

  1. Miles v. HemenwayOregon Supreme Court · 1910
  2. Smith v. CrosbyWisconsin Supreme Court · 1879
  3. Pollak v. MillsapSupreme Court of Alabama · 1928

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