Callis v. Day
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Foreclosure of a mortgage. The answer alleged that the mortgage, and note secured thereby, were without consideration, and that defendants were infants at the time of making them, and had disavowed and revoked them.
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APPEAL from the Circuit Court for Grant County. Foreclosure of a mortgage. The answer alleged that the mortgage, and note secured thereby, were without consideration, and that defendants were infants at the time of making them, and had disavowed and revoked them. Reply, that defendants had confirmed the mortgage after majority, and that it was given to secure a part of the purchase price of the mortgaged premises, which, on or about the day of its date, were sold to the defendant Jeremiah M. Day. It appeared' that defendants were minors at the time of the execution of the note and mortgage.…
1Opinion of the CourtCole, J.
There is an irreconcilable conflict in the testimony as to what was the consideration of the notes and mortgage. The court below found that they were given to secure the payment of part of the purchase money agreed to be paid for the lands which were conveyed by Bradley to the defendant Jeremiah M. Day. We are not disposed to dissent from this view of the effect of the testimony. We shall not discuss the facts at all, but state the result at which we arrived upon an examination of the evidence. The court also found the fact set up in the answer to be true, namely, that the mortgagor and wife…
2Cases cited2 opinions
- Willis v. TwamblyMassachusetts Supreme Judicial Court · 1816
- Lynde v. BuddNew York Court of Chancery · 1830
3Cited by5 opinions
- Thormaehlen v. KaeppelWisconsin Supreme Court · 1893
- Knaggs v. GreenWisconsin Supreme Court · 1880
- Olson v. VeumWisconsin Supreme Court · 1928
- Salter v. KruegerWisconsin Supreme Court · 1886
- In re EllenbeckerDistrict Court, E.D. Wisconsin · 1913