Wilson v. Hunter
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. Action to foreclose a mortgage. Answer by tbe defend-ai1^ Judgment for said defendant, from which the appealed. The nature of the case will appear from the opinion of the court.
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APPEAL from tbe Circuit Court for Walworth County. Action to foreclose a mortgage. Answer by tbe defend-ai1^ Judgment for said defendant, from which the appealed. The nature of the case will appear from the opinion of the court. The acknowledgment by Ethan H. Smith of the execution of the mortgage to the plaintiff, stated that he “ acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned, on behalf of said firm.” cited as to the validity of the plaintiff’s mortgage, 3 Corns., 144; 3 Cush., 483; 11 Pick., 400; 1 Hall, 262; 4 Met., 458, and…
1Opinion of the Court
By the Court,
Paine, J.
In this case Greorge H. Smith, and others were partners, owning a store on land the legal title to which was in> Greorge H. Smith alone. They agreed to execute a mortgage on it to the appellant, and Ethan H. Smith, one of the partners, with the assent of George H. and the others, executed the mortgage in the name of George H. Smith & Co. He also acknowledged it. The defendant Hunter subsequently took a mortgage on the same property from George H. Smith and wife. This suit was brought to foreclose the first mortgage, and Hunter claims that it was invalid for the reason…
2Cases cited2 opinions
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Gram v. SetonThe Superior Court of New York City · 1828
3Cited by17 opinions
- Strang v. PrayTexas Supreme Court · 1896
- Cowan v. CurranIllinois Supreme Court · 1905
- Frost v. WolfTexas Supreme Court · 1890
- Kasson v. Estate of BrockerWisconsin Supreme Court · 1879
- Rumery v. McCullochWisconsin Supreme Court · 1882
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