Hanna v. Kelsey Realty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. The plaintiff was the owner of several parcels of land in Polk county on the 8th day of April, 1908, which lands were incumbered by a mortgage on which there was due the sum of $3,100. Prior to said date the plaintiff and the defendant Johnson entered into a verbal agreement by which plaintiff agreed to convey by warranty deed to said Johnson, subject to said mortgage, the lands…
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Appeal from a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. The plaintiff was the owner of several parcels of land in Polk county on the 8th day of April, 1908, which lands were incumbered by a mortgage on which there was due the sum of $3,100. Prior to said date the plaintiff and the defendant Johnson entered into a verbal agreement by which plaintiff agreed to convey by warranty deed to said Johnson, subject to said mortgage, the lands referred to. Said Johnson agreed to execute a mortgage back to the plaintiff for the sum of $3,450 to secure his note, which…
1Opinion of the CourtBarnes, J.
It is urged by the appellant (1) that the court was in error in holding that the Kelsey Really Company acquired no title to the lands involved because sec. 1770& of our statutes (Stats. 1898) had not been complied with; and (2) that the plaintiff is estopped from setting up any such defense to the action. Some other errors are assigned, but the contentions of the appellant in reference thereto are either untenable or immaterial in view of the conclusion reached, and they will not be discussed.
The appellant was a foreign corporation amenable to the *280provisions of sec. 1770&, provided it saw fit…
2Cases cited16 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Wunderle v. WunderleIllinois Supreme Court · 1893
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First Nat. Bank of Price v. ParkerUtah Supreme Court · 1920
- Local Inv. Co. v. HumesSupreme Court of Oklahoma · 1915
- Lanz-Owen & Co. v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913
- Wisconsin Trust Co. v. MundayWisconsin Supreme Court · 1918
- Indiana Road Machine Co. v. Town of LakeWisconsin Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.