Stopp v. Wilt

The questions presented are as to the propriety of the, decree, first, ■ in ordering the. amount awarded in the condemnation proceeding to be paid to appellee Wilt, Jr., and,secondly,. id. ordering that appellant, Stopp, release the mortgage upon the property taken in the condemnation suit by appellee, the Northwestern Elevated Bailroad Company.

The first question depends for answer upon the effect which is to be given to the contract entered into between appellant and appellee Wilt, Jr., after the execution and delivery of the deed conveying the premises in question and mortgage upon same to…