Knox v. Johnston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to compel the discharge of record of a certain mortgage, and the surrender of two tax certificates belonging to the estate of defendant’s decedent, and alleged to have been fully paid. The mortgage was made by Michael Page and wife, upon land which plaintiff now claims to own in fee, and the certificates covered the same land.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Action to compel the discharge of record of a certain mortgage, and the surrender of two tax certificates belonging to the estate of defendant’s decedent, and alleged to have been fully paid. The mortgage was made by Michael Page and wife, upon land which plaintiff now claims to own in fee, and the certificates covered the same land. The complaint states three causes of action, alleging, respectively, payment of said mortgage, and of each of- said certificates; and the answer denies, as to each instrument, such payment. The plaintiff’s…
1Opinion of the CourtCole, J.
It is very evident that the burden of showing that the mortgage and tax certificates described in the complaint had been paid, rested upon the plaintiff. Hence it was necessary for him to show, by a preponderance of evidence at least, that the two payments made by Mrs. Page in February and May, were applied by her, when made, to the discharge of these specific incumbrances. Has he shown that those payments *43were thus applied? We think not. True, Mr. and Mrs. Page both very positively swear that those payments were specifically appropriated in that manner when made. But the defendant and his…
2Cited by5 opinions
- Walker v. . MebaneSupreme Court of North Carolina · 1884
- Central Mutual Insurance Company v. NewmanDistrict Court of Appeal of Florida · 1960
- Wrigglesworth v. WrigglesworthWisconsin Supreme Court · 1878
- Wylie v. KarnerWisconsin Supreme Court · 1882
- Evans v. WilliamsWisconsin Supreme Court · 1892