Behrendt v. Burns
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: B. F. Dukwtddie, Circuit Judge. This action was brought against the Chicago, Milwaukee & St. Paul Railway Company, Thomas P. Bums, Katherine Burns, his wife, and Timothy E. Ludden, to remove an alleged cloud upon the title of plaintiff to lots 2, 4, 5, and 6 of Behrendt’s- subdivision of block 35 of the original plat of the city of Janesville.
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Appeal from a judgment of tbe circuit court for Rock county: B. F. Dukwtddie, Circuit Judge. This action was brought against the Chicago, Milwaukee & St. Paul Railway Company, Thomas P. Bums, Katherine Burns, his wife, and Timothy E. Ludden, to remove an alleged cloud upon the title of plaintiff to lots 2, 4, 5, and 6 of Behrendt’s- subdivision of block 35 of the original plat of the city of Janesville. The defendant Thomas P. Burns claims a right of way over lots 2 and 5 upon the ground of dedication, easement as appurtenant to lot 3, and as assignee of a mortgage on lot 3 covering a right…
1Opinion of the CourtKeewiN, J.
The history of this case is quite fully detailed in the findings of fact, which are supported by the evidence. The agreement between Anton Behrendt, original owner of the premises covered by the Palmer and Munich mortgages, and Shumway and Smith was made in pursuance of a scheme by which Shumway and Smith, in consideration of $500, should handle the mortgaged property and pay off the mortgages with a view of saving something out of the property for Behrendt. It appears from the established facts that this scheme was quite successfully carried out in accordance with the agreement and intention…
2Cases cited5 opinions
- Webb v. MeloyWisconsin Supreme Court · 1873
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Beebe v. Wisconsin Mortgage Loan Co.Wisconsin Supreme Court · 1903
- Jones v. JonesWisconsin Supreme Court · 1885
- Goulding v. BunsterWisconsin Supreme Court · 1859