Kane v. Williams
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to foreclose a mortgage. The mortgage was executed May 1,1890, by the defendant Stone and wife to the defendant Williams to secure two notes executed by Stone for $2,500 each, payable one and two years from date, respectively, and covered twenty-four lots in certain subdivisions near the city of -Milwaukee.
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Appeals from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to foreclose a mortgage. The mortgage was executed May 1,1890, by the defendant Stone and wife to the defendant Williams to secure two notes executed by Stone for $2,500 each, payable one and two years from date, respectively, and covered twenty-four lots in certain subdivisions near the city of -Milwaukee. The mortgage contained a provision for the release of the mortgaged lots from the lien of the mortgage upon the payment of $250 for each lot in certain blocks, and $200 for each lot in…
1Opinion of the CourtWinslow, J.
The appeal of Stone, the mortgagor, possesses no merit. It is apparently based on the ground that no reformation of the alleged full discharge of the mortgage could be adjudged because no fraud or mistake in the execution of the paper was shown, and because the complaint contained no appropriate allegations upon which reformation could be granted. It is entirely certain that a serious mistake was inadvertently made by the scrivener, by which Kane executed what purports to be a full release of the mortgage when he only intended to release two lots. Stone knew the mortgage was not in fact paid,…
2Cases cited3 opinions
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Gaynor v. BlewettWisconsin Supreme Court · 1893
- Lardner v. WilliamsWisconsin Supreme Court · 1898
3Cited by5 opinions
- Bank of Sun Prairie v. Marshall Development Co.Court of Appeals of Wisconsin · 2001
- Pereles v. LeiserWisconsin Supreme Court · 1904
- Archer v. Milwaukee Auto Engine & Supply Co.Wisconsin Supreme Court · 1911
- Anchor Savings & Loan Ass'n v. CoyleCourt of Appeals of Wisconsin · 1988
- Citizens Loan & Trust Co. v. WitteWisconsin Supreme Court · 1903