Hammel v. Cairnes
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: W. 0. SilveethobN, Circuit Judge. This action was brought to foreclose two real-estate mortgages given by defendants to plaintiff, one to secure an indebtedness of $900 according to the terms of four promissory notes specified in the first cause of action, and the other-to secure an indebtedness of $276 according to the terms of several promissory notes as specified in the second cause of' action.
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Appeal from a judgment of the circuit court for Oneida county: W. 0. SilveethobN, Circuit Judge. This action was brought to foreclose two real-estate mortgages given by defendants to plaintiff, one to secure an indebtedness of $900 according to the terms of four promissory notes specified in the first cause of action, and the other-to secure an indebtedness of $276 according to the terms of several promissory notes as specified in the second cause of' action. The defendant James Cairnes answered admitting the execution of the notes and mortgages referred to, and alleged payment in full, and…
1Opinion of the CourtKeewiN, J.
There is no bill of exceptions; therefore we can only consider whether the pleadings and findings support the judgment. The execution of the notes and mortgages referred to in the complaint is undisputed, and the court found that in the month of May, 1904, after a portion of the indebtedness secured by the mortgages became due, the defendant James Oairnes went to the plaintiff’s agent and told him that he could not' meet the payments, and voluntarily delivered to said agent the property covered by the chattel mortgages; that thereupon the plaintiff, by his agent, gave five days’ notice of…
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