Legal Opinion

Gregory v. Rosenkrans

Wisconsin Supreme Court

Decided September 18, 1888PublishedCited by 3 opinions

APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the opinion. Plaiatiif appeals from a judgment in favor of the defendant. argued, among other things, that whatever may be said of the license to cut ice, the lease of the premises for a term of years with the option to purchase the land at a stated price constituted an interest in real estate, and the assignment of the same to defendant as security was in the nature of a mortgage of…

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APPEAL from the Circuit Court for Milwaukee County. The case is sufficiently stated in the opinion. Plaiatiif appeals from a judgment in favor of the defendant. argued, among other things, that whatever may be said of the license to cut ice, the lease of the premises for a term of years with the option to purchase the land at a stated price constituted an interest in real estate, and the assignment of the same to defendant as security was in the nature of a mortgage of realt}". 2 Story’s Eq. Jur. sec. 1021; Jones on Mortg. sec. 136; Bull v. Shepard, 7 Wis. 460; Durk.ee v. Stringham, 8 id. 1;…

1Opinion of the CourtOrton, J.

The only facts of this case necessary to be stated to make the only question involved and the decision intelligible are as follows: John M. Ritter and John H. Horton owned a mill pond or lake near the city of Palmyra, and on December 6, 1881, by a written agreement, conveyed to one John.Atkins the right, for the term of five years, to cut ice from said pond and store it in ice-houses situated near the same. At the same date said Atkins obtained from one Reuben Rockway and wife a lease of fifteen acres of land situated near the margin of said pond, for the term of five years, for the…

2Cases cited5 opinions

  1. Brinkman v. JonesWisconsin Supreme Court · 1878
  2. Welp v. GuntherWisconsin Supreme Court · 1880
  3. Allen v. ElderkinWisconsin Supreme Court · 1885
  4. Wood v. TraskWisconsin Supreme Court · 1859
  5. Wœhler v. EndterWisconsin Supreme Court · 1879

3Cited by3 opinions

  1. Marshall & Ilsley Bank v. GreeneWisconsin Supreme Court · 1938
  2. Reily v. CarterMississippi Supreme Court · 1898
  3. Hayden v. BurkemperMissouri Court of Appeals · 1890

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