Church v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Tbe appellant, Smith, and one David Kimball, being tbe owners of a certain tract of land in tbe county of "Winnebago, entered into a contract in writing, in tbe usual form, witb tbe defendant Bogk, to sell and convey sucb land to tbe latter for $4,000. Bogk paid $300 in cask, and gave bis notes to tbe vendors, payable to Kimball or bearer, for different amounts and payable at different times, for tbe residue of tbe purchase…
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APPEAL from tbe Circuit Court for Winnebago County. Tbe appellant, Smith, and one David Kimball, being tbe owners of a certain tract of land in tbe county of "Winnebago, entered into a contract in writing, in tbe usual form, witb tbe defendant Bogk, to sell and convey sucb land to tbe latter for $4,000. Bogk paid $300 in cask, and gave bis notes to tbe vendors, payable to Kimball or bearer, for different amounts and payable at different times, for tbe residue of tbe purchase money. Of these notes, the one which first became due (being for fifty dollars and interest) was transferred, by tbe…
1Opinion of the CourtLyoN, J.
Like the case of Button v. Schroyer, 5 Wis., 598, the transaction between Smith and Kimball, of the one part, and Bogk, of the other part, “ is an ordinary case of a contract for the sale and conveyance of real estate, part of the purchase money having been paid, * * * and the title, withheld as security for the remainder of the purchase money. * * * The relation between the parties is analogous to that of equitable mortgagor and mortgagee. The former has the equity of redemption; the latter has the correlative right of foreclosure.”
Bogk having failed to make the payments of purchase •money…
2Cases cited3 opinions
- Button v. SchroyerWisconsin Supreme Court · 1856
- Wood v. TraskWisconsin Supreme Court · 1859
- Baker v. BeachWisconsin Supreme Court · 1862
3Cited by31 opinions
- Felton v. SmithIndiana Supreme Court · 1882
- Farmers Loan & Trust Co. v. BeckleyTexas Supreme Court · 1900
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Krakow v. WilleWisconsin Supreme Court · 1905
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