Schierl v. Newburg
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. On November 26,1895, the defendant Catherine RTewbwrg was, and for a long time prior thereto had been, the owner and in possession of the premises described in the complaint. At that time the land was incumbered by six mortgages.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. On November 26,1895, the defendant Catherine RTewbwrg was, and for a long time prior thereto had been, the owner and in possession of the premises described in the complaint. At that time the land was incumbered by six mortgages. The two junior mortgages — one for $500, and the other for $1,000 — were held by the plaintiff to secure him against liability on certain notes indorsed by him for the defendants. The mortgage debts against the land at that time, with back tases, amounted to about $4,000. On…
1Opinion of the CourtBardeen, J.
The main controversy is whether the transaction between the parties was an absolute sale of the land or in effect a mortgage. The principle has long been established and frequently recognized, in this court, that oral evidence is admissible to show that a deed absolute on its face was in fact executed as security for a debt, and was therefore a mortgage. Plato v. Roe, 14 Wis. 453; Sweet v. Mitchell, 15 Wis. 641; Kent v. Agard, 24 Wis. 378; Ragan v. Simpson, 27 Wis. 355; Nightingale v, Barens, 47 Wis. 389; Lamson v. Moffat, 61 Wis. 153. An expression frequently used in the cases is “ that…
2Cases cited13 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Kent v. AgardWisconsin Supreme Court · 1869
- Sweet v. MitchellWisconsin Supreme Court · 1862
- Lamson v. MoffatWisconsin Supreme Court · 1884
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3Cited by4 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Smith v. PflugerWisconsin Supreme Court · 1905
- Young v. MinerWisconsin Supreme Court · 1910
- Osipowicz v. FurlandWisconsin Supreme Court · 1935