Mason v. Beach
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orawford, County. Action to foreclose a mortgage. A supplemental answer alleged that during the pendency of the action the defendant Beach, the mortgagor, had settled the mortgage and the matters in controversy with the plaintiff, and had received from him a release and quitclaim deed of the mortgaged premises. Other facts are stated in the opinion. The plaintiff appealed from a judgment dismissing the complaint.
1Opinion of the CourtObton, J.
There was a supplemental answer, and it was proved and found by the court that during the pendency of the suit the plaintiff, the assignee of the mortgage, by a proper conveyance for that purpose, quitclaimed the mortgaged premises to the defendant, the mortgagor, and thereby satisfied and discharged the mortgage sought to be foreclosed in this action. The learned counsel of the appellant testified that, pending the suit and at the time such quitclaim deed was executed, he had purchased and become the owner, and then was the real owner and holder of the *609"bond and mortgage, and contends that…
2Cases cited7 opinions
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
- Tallman v. ElyWisconsin Supreme Court · 1858
- Avery v. JuddWisconsin Supreme Court · 1866
- Sweet v. MitchellWisconsin Supreme Court · 1862
- Hennesy v. FarrellWisconsin Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
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- Stolze v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1902
- Bautz v. AdamsWisconsin Supreme Court · 1907
- King v. MillerOregon Supreme Court · 1908
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