Stoel v. Flanders
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The facts will sufficiently appear from the opinion. The trial court held, as conclusions of law from the facts found, that the conditions precedent contained in the conditional release had never been performed, and that said release was of no effect; that the defendant George F. Flanders was indebted to the plaintiff, as -executor, upon the note and mortgage, in the sum of $1,600, with interest from September 11, 1885; that…
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APPEAL from the Circuit Court for Walworth County. The facts will sufficiently appear from the opinion. The trial court held, as conclusions of law from the facts found, that the conditions precedent contained in the conditional release had never been performed, and that said release was of no effect; that the defendant George F. Flanders was indebted to the plaintiff, as -executor, upon the note and mortgage, in the sum of $1,600, with interest from September 11, 1885; that said mortgage was a valid and subsisting lien; and that the plaintiff was entitled to judgment of foreclosure and sale.…
1Opinion of the CourtOetoN, J.
The complaint in this case is in the usual form for foreclosure of a mortgage. The note for $1,600, and the mortgage collateral thereto, bear date July 2,1881, and were given to Mary Royce by George F. Flounders and lone A. Flanders, his wife, the appellants. The suit was brought by Mary Royce, and she having died, it was revived in the name of the respondent, her executor. It is stated in the answer that the said lone A. Flanders was the daughter and only child of the said Lewis and Mary Royce, and that they being well advanced in years, and desirous of avoiding the cares and…
2Cases cited9 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Oard v. OardIllinois Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Morgan v. LoomisWisconsin Supreme Court · 1891
- Beckman v. BeckmanWisconsin Supreme Court · 1894
- Forster Lumber Co. v. AtkinsonWisconsin Supreme Court · 1896