Whitney v. Traynor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This action was commenced May 18, 1887, and was brought to foreclose a mortgage executed October 23,1871, to Henry A. "Whitney, by the defendant Ody W. Traynor, and by his father and mother, Phillip and Elizabeth Tray-nor, to secure the payment of a promissory note of the same date for $2,700, and ten per cent, interest, made by the said Ody W. Traynor to said Henry A. "Whitney.
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APPEAL from the Circuit Court for Dodge County. This action was commenced May 18, 1887, and was brought to foreclose a mortgage executed October 23,1871, to Henry A. "Whitney, by the defendant Ody W. Traynor, and by his father and mother, Phillip and Elizabeth Tray-nor, to secure the payment of a promissory note of the same date for $2,700, and ten per cent, interest, made by the said Ody W. Traynor to said Henry A. "Whitney. The mortgage covers 145 .acres of land, forty acres of which was the homestead of Phillip Traynor, and the residue belonged to Ody W. The plaintiffs, Alonzo H. Whitney…
1Opinion of the CourtLyon, J.
I. Some questions affecting to a greater or less extent all of the propositions hereinafter discussed will first be considered.
1. It is objected by counsel for the defendants that the plaintiffs have failed to show that they are the owners of *293the note and mortgage in suit, and hence that they cannot maintain this action. The securities were assigned by Henry A. Whitney, the mortgagee, to the plaintiff Alonzo A. Whitney, who afterwards, and before the commencement of this action, assigned a one-half interest therein to the plaintiff John J. Sutton. The testimony tends to prove that each of…
2Cases cited2 opinions
- Hanson v. EdgarWisconsin Supreme Court · 1874
- Smith v. WaitWisconsin Supreme Court · 1876
3Cited by7 opinions
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Gabriel v. McMullinSupreme Court of Iowa · 1905
- Whitney v. TraynorWisconsin Supreme Court · 1890
- American Mortgage Co. v. Mouse River Live Stock Co.North Dakota Supreme Court · 1901
- Keelin v. Postlewait Co.Appellate Court of Illinois · 1912
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