Legal Opinion

Jones v. Parker

Wisconsin Supreme Court

Decided February 8, 1881PublishedCited by 25 opinions

APPEAL from the Circuit Court for Grant County. Action to foreclose a mortgage executed by the defendant A. H. McLaughlin to the plaintiff, dated March 2,1874, given on 120 acres of land, to secure the payment of $400 and interest. Judgment by default was taken against all of the defendants.

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APPEAL from the Circuit Court for Grant County. Action to foreclose a mortgage executed by the defendant A. H. McLaughlin to the plaintiff, dated March 2,1874, given on 120 acres of land, to secure the payment of $400 and interest. Judgment by default was taken against all of the defendants. Afterwards, on motion of the defendants Pa/rher and Hildebrand, composing the firm of Parker, Hildebrand & Co., execution of the judgment was suspended as to forty acres of the mortgaged premises, alleged to be a homestead, until it could be determined whether the same was subject to plaintiff’s mortgage.…

1Opinion of the CourtLyok, J.

Regarding substance rather tnan mere form (which a court of equity will always do), there can be no doubt that the original mortgage executed by Albert H. McLaughlin and wife to the plaintiff was a security for the purchase money of the mortgaged land. Albert negotiated with his father for the purchase of the land, and with the plaintiff for a loan of money with which to pay for it. The three met and together consummated the negotiations. At one time and constituting one transaction, the father executed a conveyance of the land to Albert, the plaintiff paid the purchase money therefor, and…

2Cases cited1 opinion

  1. Kaiser v. LembeckSupreme Court of Iowa · 1880

3Cited by25 opinions

  1. Otis v. GregoryIndiana Supreme Court · 1887
  2. Carey v. BoyleWisconsin Supreme Court · 1881
  3. Schriber v. LeClairWisconsin Supreme Court · 1886
  4. Barrett v. LewisIndiana Supreme Court · 1886
  5. Wilton v. MayberryWisconsin Supreme Court · 1889

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