Lehman v. Sherger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The case is stated in the opinion. They contended, inter alia, that admissions and declarations of the assignor are never competent evidence in favor of the as-signee, and they are not made competent by being declarations against interest, offered after the assignor is dead. Abbott’s Trial Evidence, 11; 3 Field’s Lawyers’ Br. 359; Ont/ram v. Morewood, 5 Term, 123; Brashear v. Burton, 6 Am.
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APPEAL from the Circuit Court for Rock County. The case is stated in the opinion. They contended, inter alia, that admissions and declarations of the assignor are never competent evidence in favor of the as-signee, and they are not made competent by being declarations against interest, offered after the assignor is dead. Abbott’s Trial Evidence, 11; 3 Field’s Lawyers’ Br. 359; Ont/ram v. Morewood, 5 Term, 123; Brashear v. Burton, 6 Am. Dec. 634; Kent v. Walton, 7 Wend. 257; Howard v. Upton, 9 Hun, 434; Faulkner v. Whitaker, 15 N. J. Law, 438; Hill v. Myers, 43 Pa. St. 170; Atwell v. Miller,…
1Opinion of the CourtOetoN, J.
This is an action for the foreclosure of a mortgage for $400 executed November 5, 1881, by the defendants to one John Swager, and held by the plaintiffs. The answer admits the execution of the note and mortgage, but denies that the plaintiffs are the lawful owners thereof, and alleges that they have no right or title thereto, and that they belong to one Hattie Swager (who was the wife of said John),, and that the defendants paid said note and mortgage to her, and the prayer is that the same be delivered up to be canceled. The evidence on the part of the defendants tended to show that John…
2Cases cited7 opinions
- Larimore v. WellsOhio Supreme Court · 1875
- Hackney v. VroomanNew York Supreme Court · 1862
- Littlefield v. LittlefieldWisconsin Supreme Court · 1881
- Fellows v. SmithMassachusetts Supreme Judicial Court · 1881
- White v. ChouteauNew York Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Smith v. HansonUtah Supreme Court · 1908
- Pym v. PymWisconsin Supreme Court · 1903