Ragan v. Simpson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. On the 1st of June, 1863, Mrs. Ragan held a mortgage upon certain premises in Richland county, executed by Mrs. Simpson, who held the legal title thereto; and an action had been commenced to foreclose the mortgage, the mortgage debt being overdue, and amounting to $1,470. On that day, Mr. Simpson delivered to Mr. Ragan a deed of conveyance of the premises, executed by Mrs. Simpson to Mrs. Ragan; and on the same day he received…
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APPEAL from the Circuit Court for Dane County. On the 1st of June, 1863, Mrs. Ragan held a mortgage upon certain premises in Richland county, executed by Mrs. Simpson, who held the legal title thereto; and an action had been commenced to foreclose the mortgage, the mortgage debt being overdue, and amounting to $1,470. On that day, Mr. Simpson delivered to Mr. Ragan a deed of conveyance of the premises, executed by Mrs. Simpson to Mrs. Ragan; and on the same day he received from Mr. Ragan a written instrument, executed by Mr. and Mrs. Ragan, by the terms of which the latter leased the premises…
1Opinion of the Court
The decision in this cause was announced at the June term, 1869.
Dixon, C. J.
The court below found that the agreement called a lease, mentioned and described in the defendant’s answer, was delivered at the same time with the deed, and that the deed and agreement each constituted a part of one agreement or transaction, and both together the whole thereof. There can be no doubt that this finding is well sustained by the evidence, and that the transaction amounted to a mortgage. The defendant Simpson, the husband, who was acting as the agent of his wife, testifies positively to the time of…
2Cited by9 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
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