Johnson v. Blumer

The two five-year notes of December 12, 1907, and the mortgage securing them were drawn by Durst and held by him continuously thereafter. He first held them as agent of Johnson until the latter’s death in 1912, the notes being then past due. During *380this period the conveyances, Dahms to Keller and Keller to Blumer, were executed. The mortgages given and. other matters connected with these two conveyances were facts of which Durst had personal knowledge.

On Johnson’s death, Durst as executor then held them, but failed to act under sec. 3829, Stats., which declares that such mortgage interest and…