Chipman v. Tucker
Wisconsin Supreme Court
APPEAL from tbe Circuit. Court for Winnebago County. Foreclosure of a mortgage executed by the defendants Reuben J. Tucker and wife, under date June 25, 1857, to secure a note of the former, of the same date, running to the Ripon & Wolf River Railroad Company, for $1,000, payable ten years from January 1, 1857, with interest payable annually. The mortgagors answered, in substance, that there bad never been a valid delivery of the note or mortgage.
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APPEAL from tbe Circuit. Court for Winnebago County. Foreclosure of a mortgage executed by the defendants Reuben J. Tucker and wife, under date June 25, 1857, to secure a note of the former, of the same date, running to the Ripon & Wolf River Railroad Company, for $1,000, payable ten years from January 1, 1857, with interest payable annually. The mortgagors answered, in substance, that there bad never been a valid delivery of the note or mortgage. On the trial, plaintiff put in evidence the note in question, which was under seal, and also the mortgage, together with a bond of"the above named…
1Opinion of the CourtCole, J.
The undisputed evidence shows that the defendant executed the note and mortgage in suit, and placed them in the hands of Ereeman M. Rowley, under an arrangement, or with the express understanding, that there was to be subsequently a meeting of the mortgagors, who might execute, or had executed, mortgages running to the railway company, at which meeting such mortgagors were to consider and determine whether or not they would deliver their respective obligations to the company in exchange for stock; but in no event were these securities to be delivered until this meeting was held and…
2Cases cited5 opinions
- Walker v. EbertWisconsin Supreme Court · 1871
- Crosby v. RoubWisconsin Supreme Court · 1863
- Butler v. CarnsWisconsin Supreme Court · 1875
- Andrews v. ThayerWisconsin Supreme Court · 1872
- Puffer v. SmithIllinois Supreme Court · 1871
3Cited by19 opinions
- In Re Estate of Balkus v. Security First National Bank of Sheboygan Trust DepartmentCourt of Appeals of Wisconsin · 1985
- Quick v. MilliganIndiana Supreme Court · 1886
- Allen v. AyerOregon Supreme Court · 1895
- Green v. WilkieSupreme Court of Iowa · 1896
- DeCamp v. HammaOhio Supreme Court · 1876
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