Evenson v. Bates
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The case is thus stated by Mr. Justice Oassoday : “ This is an action to foreclose a mortgage executed by the defendants to the plaintiff, February 14,1816, purporting to secure the payment of $5,000, according to the terms of certain promissory notes executed by Allen O. Bates.
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APPEAL from the Circuit Court for Rock County. The case is thus stated by Mr. Justice Oassoday : “ This is an action to foreclose a mortgage executed by the defendants to the plaintiff, February 14,1816, purporting to secure the payment of $5,000, according to the terms of certain promissory notes executed by Allen O. Bates. On the same day of executing the mortgage the plaintiff gave to Bates a written agreement in these words: “ ‘ Whereas, Allen G. Bates, of the city of Janesville, county of Rock, and state of Wisconsin, has on this day executed a mortgage to me of $5,000, said mortgage…
1Opinion of the CourtCassoday, J.
To authorize a review of the evidence, exceptions should be taken to the findings of fact (sec. 3070, B. S.), and the same should be incorporated into the bill of exceptions. Sec. 2870, B. S. Here no exceptions were taken to any of the findings of fact or conclusions of law;. It is urged, however, that exception was taken to the receipt in evidence of the $1,500 note, and as that was executed by Mr. Bates prior to' the mortgage, it is claimed that the court improperly found that the mortgage was given, in part, to secure that note, and that the question may be reviewed on this appeal,…
2Cited by8 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Herbst v. LoweWisconsin Supreme Court · 1886
- Stadler v. GriebenWisconsin Supreme Court · 1884
- Sprain v. Gibson Ice Cream Co.Wisconsin Supreme Court · 1924
- Henrizi v. KehrWisconsin Supreme Court · 1895
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