Wilson v. Carpenter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage. The complaint avers that the mortgage was given in 1862 by the defendants Justus Carpenter and K P. Parsons, conditioned for the payment of a note of the same date, executed by said Carpenter and Parsons, for $500, payable November 1, 1860, to George Lovimond or bearer, with interest payable annually; that said note and mortgage were, on the 6th of November, 1860, duly assigned and delivered…
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APPEAL from the Circuit Court for Jefferson County. Action to foreclose a mortgage. The complaint avers that the mortgage was given in 1862 by the defendants Justus Carpenter and K P. Parsons, conditioned for the payment of a note of the same date, executed by said Carpenter and Parsons, for $500, payable November 1, 1860, to George Lovimond or bearer, with interest payable annually; that said note and mortgage were, on the 6th of November, 1860, duly assigned and delivered by said Lovimond to Mrs. H. T. Strong, for a valuable consideration; and that on the 7th of May, 1862, they were, for a…
1Opinion of the Court
*516By the Court,
Cole, J.
In tbe most favorable view wbicb can be taken of tbe evidence in tbis case for tbe respondent, be must fail in tbe action. For, assuming that Mrs. Strong gives tbe correct version of tbe transaction, tbe most that can be said is, that there was an unexecuted gift. Sbe testifies that when her father gave her tbe mortgage, be did not deliver tbe note. Indeed, as a matter of fact, the note never was in her possession br under her control, but always remained in tbe possession or under tbe control of her father after it was paid in November, 1860. About tbis there is no…
2Cited by11 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Tobin v. TobinWisconsin Supreme Court · 1909
- Andrews v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Pirie v. Le SaulnierWisconsin Supreme Court · 1915
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