Jenkins v. Gunnison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiffs, as the owners of certain lots in the city of Milwaukee by deed from Joseph S. Mabbett, brought this action to remove a cloud upon their title created by a mortgage of said lots executed by said Mabbett to one Olivet W. Gunnison, to secure his bond of the same date.
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APPEAL from the Circuit Court for Milwaukee County. The plaintiffs, as the owners of certain lots in the city of Milwaukee by deed from Joseph S. Mabbett, brought this action to remove a cloud upon their title created by a mortgage of said lots executed by said Mabbett to one Olivet W. Gunnison, to secure his bond of the same date. The conditions of said bond, and .the ground upon which plaintiffs claimed that the obligation thereof had been fulfilled and that the mortgage should be discharged of record, are sufficiently stated in the opinions. The circuit court held that the plaintiffs were…
1Opinion of the CourtCole, J.
This case presents a question not free from difficulty. After an attentive consideration of it, we are disposed, not without hesitation, to adopt the view taken of it by the court below. The circuit court held that the three first dividends on the boom stock which was transferred to the defendant’s testator by Tyson, Sweet & Co. as collateral security, should be applied to the payment of the principal and interest of their note which became due July 1, 1874; that all the other payments should be applied, first, to the payment of the interest due at the respective dates of such payments upon…
2Cases cited3 opinions
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Robbins v. LincolnWisconsin Supreme Court · 1860
3Cited by6 opinions
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- W. W. Kimball Co. v. BakerWisconsin Supreme Court · 1885
- Bluthenthal v. MohlmannSupreme Court of Florida · 1905
- Chicago & Northwestern Railway Co. v. Town of LangladeWisconsin Supreme Court · 1882
- Gallun v. SeymourWisconsin Supreme Court · 1890
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