Avery v. Johann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. In September, 1868, the present plaintiff commenced an action in said court against Nicholas Johann and wife (with others) to foreclose a mortgage (made in 1856) of -certain lands belonging to said Nicholas.
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APPEAL from the Circuit Court for Ozaukee County. In September, 1868, the present plaintiff commenced an action in said court against Nicholas Johann and wife (with others) to foreclose a mortgage (made in 1856) of -certain lands belonging to said Nicholas. On the 15th of October following, said Nicholas and wife conveyed the farm on which he lived, consisting of 820 acres of land in said county, to his two sons John W. and Peter Johann, and received back a mortgage thereof to secure a part of the purchase money, and also an agreement of said John W. and Peter, under seal, whereby, in…
1Opinion of the CourtDixon, C. J.
There can be no question as to the defendant Peter Johann's knowledge, at the time of sale, of his father’s intention to hinder and defeat the payment and collection of the debt due the plaintiff. This knowledge he not only admitted, as a witness called by the plaintiff at the trial, but it was otherwise positively proved. He was present at the conversation between his father and the plaintiff’s attorney a few days before the sale, and heard his father declare his purpose not to pay the mortgage debt, and to prevent the collection of the money. It is not improbable that he knew — indeed it…
2Cited by12 opinions
- Blair v. SmithIndiana Supreme Court · 1888
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Geo. Seligson & Co. v. Brown & BrownTexas Supreme Court · 1884
- Rindskopf v. MyersWisconsin Supreme Court · 1894
- Coolidge & McClaine v. HenekyOregon Supreme Court · 1884
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