Coates v. Marsden
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: Geoboe GeimM, Circuit Judge. The complaint alleged ownership by the plaintiff on the 18th day of December, 1906, of 240 acres of land in Juneau county, subject to a mortgage of $2,915 held by the defendant; that prior to said date the defendant threatened to foreclose the mortgage; that owing to poor crops for a number of years plaintiff was very hard up, and that in order to save himself from financial ruin he…
Read the full summary
Appeal from a judgment of the circuit court for Rock county: Geoboe GeimM, Circuit Judge. The complaint alleged ownership by the plaintiff on the 18th day of December, 1906, of 240 acres of land in Juneau county, subject to a mortgage of $2,915 held by the defendant; that prior to said date the defendant threatened to foreclose the mortgage; that owing to poor crops for a number of years plaintiff was very hard up, and that in order to save himself from financial ruin he executed a deed of the 240 acres of land aforesaid to the defendant for the nominal consideration of $1,933.50, indorsed…
1Opinion of the Court
WiNSLOw, C. J..
We do not deem it necessary to discuss in detail the errors assigned; it is enough to say that the exceptions taken on the trial were sufficient to challenge not only the correctness of the various rulings and instructions, but to sharply raise the general question as to whether the case was tried and submitted to the jury upon the proper basis, and it is this general question which will be treated.
When mortgagor and mortgagee make any arrangement by which the equity of redemption is apparently extinguished, the courts will scrutinize the transaction closely; but this does not…
2Cases cited4 opinions
- Winn v. ItzelWisconsin Supreme Court · 1905
- Lynch v. RyanWisconsin Supreme Court · 1907
- Kunert v. StrongWisconsin Supreme Court · 1899
- Barchent v. SnyderWisconsin Supreme Court · 1906
3Cited by4 opinions
- Mitchell v. MasonSupreme Court of Florida · 1913
- Paul v. SmithWisconsin Supreme Court · 1934
- Acme Brick Co. v. Jacobi-Erdman, Inc.Wisconsin Supreme Court · 1940
- Gutschenritter v. HostermanWisconsin Supreme Court · 1930