Berrinkott v. Traphagen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage. In 1864, the plaintiff and her husband, Adolph Berrinkott (now deceased), conveyed to the defendant Henry Mausbach, their son-in-law, a farm in Dane county; and for the consideration or price of the farm, or for a portion of it, the grantee executed to .the plaintiff a bond in the penal sum of $900, the condition 'of which is thus stated in the complaint: “ The condition of the said bond was such,…
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APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage. In 1864, the plaintiff and her husband, Adolph Berrinkott (now deceased), conveyed to the defendant Henry Mausbach, their son-in-law, a farm in Dane county; and for the consideration or price of the farm, or for a portion of it, the grantee executed to .the plaintiff a bond in the penal sum of $900, the condition 'of which is thus stated in the complaint: “ The condition of the said bond was such, that if the above named defendant, the obligor therein, should well and truly pay or cause to be paid unto the above…
1Opinion of the CourtLyoN, J.
It is claimed on behalf of the plaintiff, that no exceptions to the findings of fact were filed within the time prescribed by statute, and hence that such findings cannot be *224reviewed on tbis appeal. We do not find it necessary to determine whether this position is well taken, for the testimony has been examined, and we are satisfied that it sustains all of the material findings of fact.
We think also-that the notice to the obligor that the plaintiff exercised the option reserved to her in the bond, was given in due time. A payment of $32.48 became due September 18, 1874, and the thirty days…
2Cases cited7 opinions
- Smith v. SmithNew York Supreme Court · 1830
- Bagley v. PeddieThe Superior Court of New York City · 1851
- Pierce v. JungWisconsin Supreme Court · 1859
- Yenner v. HammondWisconsin Supreme Court · 1874
- Shute v. HamiltonNew York Court of Common Pleas · 1871
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