Smith v. Smith
Wisconsin Supreme Court
APPEAL from tbe County Court of Winnebago County. Action to foreclose a mortgage on certain real estate in tbe city of Oshkosh, dated August 29, 1868, and executed by tbe defendants to tbe plaintiff to secure tbe performance of tbe condition of a bond of tbe same date, executed by the defendant Hiram to tbe plaintiff, in tbe sum of four thousand dollars. The condition of tbe bond is for the performance by tbe obligor of the following contract: “ First.
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APPEAL from tbe County Court of Winnebago County. Action to foreclose a mortgage on certain real estate in tbe city of Oshkosh, dated August 29, 1868, and executed by tbe defendants to tbe plaintiff to secure tbe performance of tbe condition of a bond of tbe same date, executed by the defendant Hiram to tbe plaintiff, in tbe sum of four thousand dollars. The condition of tbe bond is for the performance by tbe obligor of the following contract: “ First. The said Hiram R. Smith, in consideration of tbe sum of four thousand dollars to him in hand paid by the said Betsey K Smith, the receipt…
1Opinion of the CourtLyon, J.
I. The delinquent tax or assessment was trifling in amount, and the plaintiff did not pay it or request the defendants to pay it, and was not injured by the failure of the defendants to pay it in due time. Such failure was entirely accidental, and the tax was paid before the issue was made up in the action. Under these circumstances it would be grossly unjust to hold that the nonpayment of the tax before the action was instituted was such a breach of the covenant of the mortgage as will entitle the plaintiff to the relief she demands. We are not aware of the existence of any principle,…
2Cited by3 opinions
- Strock v. MacNichollSupreme Court of Virginia · 1955
- Winch v. BeanSupreme Court of New Hampshire · 1882
- Massing v. AmesWisconsin Supreme Court · 1875