Hitchcock v. Merrick
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. Action by Thomas Hitchcock to foreclose a mortgage made by Merrick to William E. Hitchcock. Tbe complaint described tbe bond secured by tbe mortgage, as being for $11,-359.60, and stated that tbe sum due thereon was three thousand three hundred and fifty nine 60-100 dollars, with interest, &c.
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APPEAL from tbe Circuit Court for Milwaulcee County. Action by Thomas Hitchcock to foreclose a mortgage made by Merrick to William E. Hitchcock. Tbe complaint described tbe bond secured by tbe mortgage, as being for $11,-359.60, and stated that tbe sum due thereon was three thousand three hundred and fifty nine 60-100 dollars, with interest, &c. It also stated that tbe bond and mortgage bad been “legally assigned” to tbe plaintiff, and that be was their lawful owner and bolder. Tbe answer denied this allegation, and stated that Wm. E. Hitcbcock, tbe-mortgagee, bad died without baying made any…
1Opinion of the Court
By the Court,
Dixok, O. J.
It is not pretended the defendant was surprised by the amendment. It is very obvious'he could not have been. Fisk vs. Tank, 12 Wis., 277; Gillett vs. Robbins, id., 319; Bonner vs. Insurance Co. 13 Wis., 677.
It seems clear to us that the plaintiff showed a good title to the bond and mortgage, as against the defendant. The provision of the New York statute is intended for the benefit of the creditors merely, and no other can take advantage of it. Executors have an absolute power of disposal of the personal effects of their testator. They may even dispose of a chattel…
2Cases cited5 opinions
- Bonner v. Home Insurance Co.Wisconsin Supreme Court · 1861
- Tallman v. TruesdellWisconsin Supreme Court · 1854
- Rice v. CribbWisconsin Supreme Court · 1860
- Boyd v. SumnerWisconsin Supreme Court · 1859
- Williams v. ElyWisconsin Supreme Court · 1861
3Cited by6 opinions
- Tholen v. DuffySupreme Court of Kansas · 1871
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- McHugh v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
- Reed v. CatlinWisconsin Supreme Court · 1880
- Perkins v. DavisWisconsin Supreme Court · 1863
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