Hammond v. Erickson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The plaintiff, haying a note and mortgage executed by one Clegg, after the maturity thereof and on April 1, 1905, entered into a written agreement with Clegg for an extension on consideration that Clegg should pay eight per cent, interest instead of six and one-half per cent, as originally provided by the note and mortgage.' Before this agreement Clegg had made a conveyance of said…
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. The plaintiff, haying a note and mortgage executed by one Clegg, after the maturity thereof and on April 1, 1905, entered into a written agreement with Clegg for an extension on consideration that Clegg should pay eight per cent, interest instead of six and one-half per cent, as originally provided by the note and mortgage.' Before this agreement Clegg had made a conveyance of said property to one Mc-Arthur, from whom the appellant Erickson derives title. Erickson, contending that the agreement to pay…
1Opinion of the CourtDouge, J.
"Whatever effect a tender may have technically to discharge the lien of a mortgage, a subject treated at some length in Kortright v. Cady, 21 N. Y. 343, and referred to in *572Breitenbach v. Turner, 18 Wis. 140, Mankel v. Belscamper, 84 Wis. 218, 45 N. W. 500, and Gould v. Sullivan, 84 Wis. 659, 665, 54 N. W. 1013, it is uniformly Reid that a court of equity will not extend affirmative aid to the mortgagor to cancel such mortgage and quiet the title against it except upon the condition that he do equity on his own part by paying the debt which was secured by the mortgage lien. Tuthill v. Morris,…
2Cases cited14 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Werner v. . TuchNew York Court of Appeals · 1891
- Nelson v. . LoderNew York Court of Appeals · 1892
- Gould v. SullivanWisconsin Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Beyer v. DobeasWisconsin Supreme Court · 1909