Merrill v. Focht
Wisconsin Supreme Court
Appeal from a judgment of the county court of Green county: J. B. Simpson, Acting Judge. This is an appeal by claimant against the estate of Burr Sprague, deceased, from an order allowing the claim but denying a preference. On November. 15, 1912, Burr Sprague executed to Newton N. Palmer his-promissory note for $2,500, secured by real-estate mortgage covering various descriptions of property, including his homestead, the title to which stood in the name-of his wife.
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Appeal from a judgment of the county court of Green county: J. B. Simpson, Acting Judge. This is an appeal by claimant against the estate of Burr Sprague, deceased, from an order allowing the claim but denying a preference. On November. 15, 1912, Burr Sprague executed to Newton N. Palmer his-promissory note for $2,500, secured by real-estate mortgage covering various descriptions of property, including his homestead, the title to which stood in the name-of his wife. On November 11, 1912, said Sprague executed to one Elizabeth Martin his promissory note for $2,500, secured by 450 shares of the…
1Opinion of the CourtOwen, J.
It is contended in this court that the county court properly disallowed Palmer’s claim for lien on the United Agency stock, for two reasons: first, that there was no consideration for the assignment of July 10, 1913, by which Sprague assigned to Palmer the 450 shares of United Agency stock as additional collateral security for the $2,500 note executed November 15, 1912, and which was then held by Palmer; second,' that the judgment of the county court in the matter of the claim of Elizabeth Martin against the estate of Burr Sprague is res adjudicata upon the question here involved. We will…
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