Roberts v. Wood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. This is an action to foreclose four mortgages on real estate, purporting to have been executed by the defendants Wood and wife to the Milwaukee & Horicon Railroad Company to secure the payment of a like number of promissory notes of even date therewith, purporting to have been made by said Wood, and payable by the terms thereof to said railroad company or order.
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APPEAL from the Circuit Court for Wood County. This is an action to foreclose four mortgages on real estate, purporting to have been executed by the defendants Wood and wife to the Milwaukee & Horicon Railroad Company to secure the payment of a like number of promissory notes of even date therewith, purporting to have been made by said Wood, and payable by the terms thereof to said railroad company or order. Four parcels of land are included in these mortgages, one parcel in each of them. No claim is made in the complaint to recover for any deficiency ; such claim, which was originally…
1Opinion of the CourtLyon, J.
I. The cases of Roberts v. McGrath, ante, p. 52, and Chipman v. Tucker, ante, p. 43, involved the same ques*67tions presented by this appeal concerning the validity of the mortgages sought to' be foreclosed in this action; and but little need be added to what was said in those cases on the subject.
Manifestly there was no delivery of the mortgages. This is a stronger case against delivery than that of Roberts v. McGrath; for Mr. Powers had nothing to do with their deposit in the safe of Mr. Scott, and delivery cannot possibly be predicated of any act of his.
The evidence fails to prove that the…
2Cases cited1 opinion
- Strobe v. DownerWisconsin Supreme Court · 1860
3Cited by13 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
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