Borchert v. Skidmore Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to foreclose a mortgage for $800 upon real estate in which it is sought to' hold the defendant Skidmore Land Company, a corporation, and a grantee of the mortgagor, F. E. Coons, liable for the amount of the mortgage debt.
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. Action to foreclose a mortgage for $800 upon real estate in which it is sought to' hold the defendant Skidmore Land Company, a corporation, and a grantee of the mortgagor, F. E. Coons, liable for the amount of the mortgage debt. The defendant Land Company purchased the land under a written contract wherein it was agreed that, in consideration of certain real estate of the Land Company being deeded to F. E. Coons, he would deed the mortgaged premises to the Land Company “subject to mortgages…
1DissentKerwin, J.
A preliminary land contract was made in this case for the exchange of land in Minnesota for cut-over land in Wisconsin. The Minnesota land was incumbered by mortgages in the sum of $11,465. The amount to be paid the Skidmore Land Company was arrived at by deducting the $11,465 incumbrance. A deed was afterwards given and accepted by the Skidmore Land Company in consummation of the deal.
It is plain from the deed and the surrounding circumstances shown in evidence, that the land contract did not contain all the terms of the agreement. The deed, being the final contract of the parties covering…
2Cases cited15 opinions
- Slocum v. BracySupreme Court of Minnesota · 1893
- Ryan v. HamiltonIllinois Supreme Court · 1903
- Kipp v. LaunWisconsin Supreme Court · 1911
- Herrin v. AbbeSupreme Court of Florida · 1908
- Strohauer v. VoltzMichigan Supreme Court · 1880
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