Fischbeck v. Mielenz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Laweewoe W. Halsey, Circuit Judge. This is an action for the partition of the premises described, of which Fred Eoth owned the undivided one-fourth interest from April 30, 1895, to August 28, 1896. The controversy here is between the defendant Mielenz, to whom five of the judgments hereinafter mentioned were assigned by the bank, as hereinafter stated, and who filed an answer to the cross-complaint of the…
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Appeal from a judgment of the circuit court for Milwaukee county: Laweewoe W. Halsey, Circuit Judge. This is an action for the partition of the premises described, of which Fred Eoth owned the undivided one-fourth interest from April 30, 1895, to August 28, 1896. The controversy here is between the defendant Mielenz, to whom five of the judgments hereinafter mentioned were assigned by the bank, as hereinafter stated, and who filed an answer to the cross-complaint of the defendant Fischbeck, who has become the owner of Eoth’s one-fourth interest in the land in question. It appears from the…
1Opinion of the CourtCassoday, C. J.
It is conceded that the five judgments against Roth and in favor of the bank became liens upon Roth’s quarter interest in the land in question August 28,. 1896. The important question is whether those judgments were fully paid by the agreements and dealings between the bank and Roth and the bank and Mielenz, who acted, not for himself, but for the benefit of Roth during his life, and after his death for the benefit of Roth’s family, in respect to Roth’s property and services and the judgments. The agreement with Roth, as found by the court, was that, after the bank should realize the amount…
2Cases cited12 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Kinn v. First National Bank of Mineral PointWisconsin Supreme Court · 1903
- Bishop v. McGillisWisconsin Supreme Court · 1892
- Spear v. Door CountyWisconsin Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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