Andrews v. Powers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage on real estate, givea to secure tbe payment of a promissory note.
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APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage on real estate, givea to secure tbe payment of a promissory note. The complaint contains a copy of a note signed by the defendant Soldon Powers, for $500 and eight per cent, interest, dated April 25, 1857, and payable to the Milwaukee & Beloit Bailroad Company or order, on the first day of June, 1866, or, to use the language of the instrument, payable “ at the expiration of ten years from the first day of June, 1856.” The interest was payable annually. The complaint describes the mortgage in the usual manner,…
1Opinion of the CourtLyon, J.
We think that the assignment contained in the bond does not; by its terms, transfer to the holder of the bond the note and mortgage offered in evidence. It describes instruments corresponding in some respects with those thus offered, but differing therefrom in the material particulars of date and time of payment. There is nothing in such description to show with any considerable degree of certainty that those securities were transferred, or intended to be, by such assignment. Had the time when, and the volume and page where, the mortgage intended .tó be assigned was recorded, been stated in…
2Cases cited4 opinions
- Bedell v. . CarllNew York Court of Appeals · 1865
- Paine v. BentonWisconsin Supreme Court · 1873
- Hays v. LewisWisconsin Supreme Court · 1863
- Reeve v. FrakerWisconsin Supreme Court · 1873
3Cited by6 opinions
- Renehan v. McAvoyCourt of Appeals of Maryland · 1911
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Swanby v. Northern State BankWisconsin Supreme Court · 1912
- Greeley State Bank v. LineNebraska Supreme Court · 1897
- Gaston v. OwenWisconsin Supreme Court · 1877
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