McCourt v. Peppard
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Manito-woc county: Michael Kibwan, Circuit Judge. This is an action to foreclose a mortgage upon real estate in Manitowoc county for $500, but not seeking to enforce any personal liability.
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Appeal from a judgment of tbe circuit court for Manito-woc county: Michael Kibwan, Circuit Judge. This is an action to foreclose a mortgage upon real estate in Manitowoc county for $500, but not seeking to enforce any personal liability. Tbe land in question was tbe property of one Anne- Peppard, wbo died September 14, 1898, at tbe age of about seventy-five years, leaving surviving ber husband, tbe defendant Thomas Peppard, Sr., and seven adult children; tbe plaintiff Catherine Peppard (now McCourt) being one of said children, and tbe remaining six being defendants in this action with their…
1Opinion of the CourtWiNsnow, J.
The pivotal question in this case is whether the transaction of June 3, 1898, was contractual or testamentary in its character. If it was contractual — that is, if there was a promise on the part of Catherine to expend certain sums for certain definite purposes after her mother’s death, and in consideration thereof a promise by the intestate to repay to her the sums so expended, the performance of which latter promise was secured by the mortgage in question — no reason is perceived why the contract should not be enforced. There is no element of trust in the legal sense in such a transaction.…
2Cases cited2 opinions
- Rogers v. RogersWisconsin Supreme Court · 1881
- Templeton v. ButlerWisconsin Supreme Court · 1903
3Cited by9 opinions
- State Bank of Hartland v. ArndtCourt of Appeals of Wisconsin · 1986
- J. Paul Yoder and Lowell Yoder v. Nutrena Mills, Inc.Court of Appeals for the Eighth Circuit · 1961
- Daubmyre v. HunterSupreme Court of Florida · 1923
- Meyer v. StortenbeckerSupreme Court of Iowa · 1917
- Roach v. Sanborn Land Co.Wisconsin Supreme Court · 1908
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