Broadbent v. Hutter
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Judge. Tbe plaintiff sold real estate situate in Grant county, Wisconsin, to E. H. Hutter, brother of defendant, William H. Hutter. E. H. Hutter, in payment of part of tbe purchase price, made, executed, and delivered to tbe plaintiff a note for $1,280 and a mortgage upon the real estate sold to him by plaintiff to secure said note.
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Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Judge. Tbe plaintiff sold real estate situate in Grant county, Wisconsin, to E. H. Hutter, brother of defendant, William H. Hutter. E. H. Hutter, in payment of part of tbe purchase price, made, executed, and delivered to tbe plaintiff a note for $1,280 and a mortgage upon the real estate sold to him by plaintiff to secure said note. At tbe time E. H. Hutter ex■ecuted this note and mortgage there was outstanding a $2,’500 note and mortgage which -was given by plaintiff while he owned the property. Subsequent to the…
1Opinion of the CourtKeRWIN, J.
It is without dispute that the deed to defendant was executed and delivered by E. H. Hutter for the purpose of securing defendant on his indorsement of a note of E. H. Hutter for $200. It is also established that defendant did not require security, never asked that the deed be given, and in fact knew nothing of the terms of it when it was delivered to him. The deed was not delivered to defendant when he indorsed the note for E. H. Hutter, nor mentioned, but sometime afterwards E. IT. Hutter caused the deed to be executed and recorded and delivered it to the defendant, 'William H. Hutter,…
2Cases cited4 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Smith v. PflugerWisconsin Supreme Court · 1905
- Corbett v. JoannesWisconsin Supreme Court · 1905
- Van Beck v. MilbrathWisconsin Supreme Court · 1903
3Cited by9 opinions
- Buntrock v. HoffmanWisconsin Supreme Court · 1922
- Watkins v. WatkinsWisconsin Supreme Court · 1933
- Shearer v. PringleWisconsin Supreme Court · 1930
- Guarantee Mortgage & Finance Co. v. CoxSupreme Court of Iowa · 1925
- Fishback v. J. C. Forkner Fig Gardens, Inc.California Court of Appeal · 1934
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