Buswell v. Peterson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Taylor County. Action commenced April 15, 1875, to foreclose defendant’s rights as vendee in a contract for the sale of land. The price of the land was $1,500, of which plaintiff paid $510, and gave for the remainder his two notes, for $180 each, payable to the hearer, January 30, 1875, and April 28, 1875, respectively.
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APPEAL from the Circuit Court for Taylor County. Action commenced April 15, 1875, to foreclose defendant’s rights as vendee in a contract for the sale of land. The price of the land was $1,500, of which plaintiff paid $510, and gave for the remainder his two notes, for $180 each, payable to the hearer, January 30, 1875, and April 28, 1875, respectively. Defendant had not paid the first of these notes when this action was commenced; hut in an amended answer, filed November 10, 1875 (a short time before the trial), he denies that plaintiff is the lawful owner and holder thereof; alleges that…
1Opinion of the CourtCole, J.
In this case the defendant undertook to discharge his notes pendente lite, by conveying land to the plaintiff’s wife. It seems to us idle to claim that a payment made under such circumstances was one made in good faith. The defendant was bound to know that the plaintiff claimed to be the owner of the notes, because the action to foreclose the contract for their nonpayment was commenced some months before this transaction took place. To our minds the evidence abundantly warrants the finding of the learned circuit court, that this agreement that land was to be conveyed to the wife in payment of…
2Cases cited1 opinion
- Landon v. BurkeWisconsin Supreme Court · 1874
3Cited by6 opinions
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- Steiner v. Wisconsin American Mutual InsuranceWisconsin Supreme Court · 2005
- Exchange Corporation of Wisconsin v. KuntzWisconsin Supreme Court · 1972
- Sumner v. SumnerWisconsin Supreme Court · 1882
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