Rockwell v. Humphrey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassodat: “ This action was brought to determine the interest of the plainiff in the undivided one half of an abstract under a written instrument hereinafter set forth, and to compel the defendant Humphrey to account for and pay over to the plaintiff a share of the use and profits thereof, and in default thereof that said half of the abstract be sold and the plaintiff paid out of the…
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APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassodat: “ This action was brought to determine the interest of the plainiff in the undivided one half of an abstract under a written instrument hereinafter set forth, and to compel the defendant Humphrey to account for and pay over to the plaintiff a share of the use and profits thereof, and in default thereof that said half of the abstract be sold and the plaintiff paid out of the proceeds thereof, and for general relief. Curtis was made a defendant, and his interest alleged as a subsequent mortgagee.…
1Opinion of the CourtCassoday, J.
Whether a given written instrument constitutes a conditional sale, a conveyance, or a mortgage, is a question which has often perplexed the courts. When the language of the instrument is equivocal, the intention of the parties, as evinced by the whole transaction and the attending circumstances, seems to be the true criterion. Goodman v. Grierson, 2 Ball & Beatty, 278; Williams v. Owen, 5 Mylne & Craig, 306; Clark v. Henry, 2 Cow., 324; S. C., *415affirmed, 7 Johns. Ch., 43; Edrington v. Harper, 3 J. J. Marsh., 354; Hughes v. Sheaff, 19 Iowa, 343; Cornell v. Hall, 22 Mich., 377; Rich v. Doane, 35…
2Cases cited33 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Villa v. RodriguezSupreme Court of the United States · 1871
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Carr v. . CarrNew York Court of Appeals · 1873
- Henley v. HotalingCalifornia Supreme Court · 1871
28 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Winner v. HoytWisconsin Supreme Court · 1886
- Gross v. HeckertWisconsin Supreme Court · 1904
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Schriber v. LeClairWisconsin Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.