Scott v. Webster
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wood County. Tbe case is thus stated by Mr. Justice Cole, in bis opinion as originally prepared: “ This action is brought to foreclose a mortgage given by Girard and Drake and their 'wives to the plaintiff Scott, to secure tlie payment of seven promissory notes. Tbe mortgage was dated March 24, 1875, and but part of the mortgage debt was due when tbe action was commenced.
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APPEAL from tbe Circuit Court for Wood County. Tbe case is thus stated by Mr. Justice Cole, in bis opinion as originally prepared: “ This action is brought to foreclose a mortgage given by Girard and Drake and their 'wives to the plaintiff Scott, to secure tlie payment of seven promissory notes. Tbe mortgage was dated March 24, 1875, and but part of the mortgage debt was due when tbe action was commenced. On the same day, Girard and Drake mortgaged to the defendant Webstera\)artol the premises embraced in the Scott mortgage; and the Webster mortgage, by its terms, was made subject to the…
1Opinion of the CourtCole, J.
I. The first question to be considered is as to the legal effect of the purchase by the Whortons of one-half of the Scott mortgage, and at the same time the purchase of the equity of redemption of the mortgaged property, it being conceded that these purchases were made out of the funds of the partnership, and for the benefit of the firm. It is claimed by the learned counsel for Webster, that the purchase of one-half of the Scott mortgage in the name of W. G. Whorton, and of the equity of redemption in the name of John K. Whorton, under the circumstances, operated, by way of merger, to satisfy…
2Cases cited2 opinions
- Webb v. MeloyWisconsin Supreme Court · 1873
- Goss v. LesterWisconsin Supreme Court · 1853
3Cited by8 opinions
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- Milwaukee Loan & Finance Co. v. GrundtWisconsin Supreme Court · 1932
- Bahrs v. KottkeWisconsin Supreme Court · 1927
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