Weltner v. Thurmond
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon. David H. Craig, Judge. Suit in equity to enforce the rights of a grantor of real estate under a contract entered into between the parties contemporaneously with the deed. Judgment was rendered for the plaintiff, and the defendants prosecuted error. The material facts are stated in the opinion. It is apparent from the contract that the transaction was not a mortgage. No personal obligation remained, the debt was extinguished.
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Error to the District Court, Sheridan County, Hon. David H. Craig, Judge. Suit in equity to enforce the rights of a grantor of real estate under a contract entered into between the parties contemporaneously with the deed. Judgment was rendered for the plaintiff, and the defendants prosecuted error. The material facts are stated in the opinion. It is apparent from the contract that the transaction was not a mortgage. No personal obligation remained, the debt was extinguished. (Samuelson v. Mickey, (Neb.) 103 N. W. 671; no N. W. 138; Delaney v. Finnegan, (Minn.) 90 N. W. 387; 'McMillan v.…
1Opinion of the Court
Potter, Chief Justice.
In 1893 John D. Thurmond, was the owner of certain lands in the County of Sheridan, in this state, and mortgaged the same to John C. Weltner and Frederick H. Weltner to secure his promissory note to them for $2,500, bearing interest at 18 per cent per annum. In 1895 he executed a second mortgage upon the premises to John C. Weltner to secure a note for $500, hearing the same rate of interest. On January 13, 1897, the indebtedness being past due, and a balance remaining unpaid, Thurmond executed and delivered a warranty deed conveying the premises to John C. Weltner and…
Also in this document: Concurrence.
2Cases cited22 opinions
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
- Grieve v. GrieveWyoming Supreme Court · 1907
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3Cited by12 opinions
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- Dallas Dome Wyoming Oil Fields Co. v. BrooderWyoming Supreme Court · 1939
- Gonzales v. Personal Collection ServiceWyoming Supreme Court · 1972
- City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910
- Fuller v. FullerWyoming Supreme Court · 1980
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