Portz v. Schantz
Wisconsin Supreme Court
APPEALS from the Circuit- Court for Washington Count y. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced June 3 2, 1886, to foreclose a mortgage executed by the defendant, George Sehantz, and bis wife, since deceased, given to secure a note executed and delivered by them to one Joseph Schantz on or about June 20, 1864, for $130, with interest annually at seven per cent, per annum, due two years after that date, upon the…
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APPEALS from the Circuit- Court for Washington Count y. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced June 3 2, 1886, to foreclose a mortgage executed by the defendant, George Sehantz, and bis wife, since deceased, given to secure a note executed and delivered by them to one Joseph Schantz on or about June 20, 1864, for $130, with interest annually at seven per cent, per annum, due two years after that date, upon the lands described. The answer in effect denied that the note and mortgage had ever been assigned to the plaintiff, or that he…
1Opinion of the CourtGassoday, J.
1. The certificate of acknowledgment of the mortgage appears upon its face to have been' executed on the day found by the court, and which was the same as the date of the note. Such, certificate was, at least, presumptive evidence that the note and mortgage were executed and delivered at that time. Smith v. Allis, 52 Wis. 337; Pereau v. Frederick, 17 Neb. 117. The cancellation of the stamp bears the same date. These support the finding upon this fact, and no exception is taken thereto. The mere fact that an earlier date appears at the commencement of the mortgage is immaterial, and…
2Cases cited8 opinions
- Blodgett v. HittWisconsin Supreme Court · 1871
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Pereau v. FrederickNebraska Supreme Court · 1885
- Smith v. AllisWisconsin Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Jones v. JonesWisconsin Supreme Court · 1888
- Harris v. ChipmanUtah Supreme Court · 1893
- Spengler v. HahnWisconsin Supreme Court · 1897
- Pittelkow v. City of MilwaukeeWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.