Wetutzke v. Wetutzke
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green Lake county: Chester A. Eowler, Circuit Judge. Mortgage foreclosure.
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Appeal from a judgment of tbe circuit court for Green Lake county: Chester A. Eowler, Circuit Judge. Mortgage foreclosure. Tbe facts, as found by tbe court upon sufficient evidence, are, tbat in February, 1884, one Stanislaus Wetutzke and Josepba, bis wife, being aged, deeded their farm of 160 acres and the personal property thereon to their son Franz, receiving back an agreement to support them during life and to pay to tbe plaintiff Walen-tine, their only other son, $600 on his attaining the age of twenty-four years, and to the plaintiff Gertrude Duffy, the only daughter of a deceased…
1Opinion of the Court
WiNsnow, O. J.
It is held in this case:
1. The original transaction between Franz and his parents, by which Franz agreed to pay certain sums to Walentine -and Gertrude respectively in consideration of the conveyance of the farm, and executed a mortgage to secure such payments, established the relation of debtor and creditor between Franz and each of the beneficiaries, which relation could not be changed merely by agreement of the parents and Franz without the consent of the beneficiaries. Tweeddale v. Tweeddale, 116 Wis. 517, 93 N. W. 440.
2. Under the facts found by the court the plaintiff…
2Cases cited1 opinion
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
3Cited by6 opinions
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- Gimbel Bros. v. McConnellWisconsin Supreme Court · 1915
- Sedgwick v. BlanchardWisconsin Supreme Court · 1919
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