Cerney v. Pawlot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. The action was brought to foreclose a mortgage on forty acres of land in Rewaunee county, executed by the defendants Joseph Pawlot and wife to the plaintiff, by the name of Josepha JDrichta. The mortgage was dated July 3,1868, and recorded in the proper office four days later.
Read the full summary
APPEAL from the Circuit Court for Kewaunee County. The action was brought to foreclose a mortgage on forty acres of land in Rewaunee county, executed by the defendants Joseph Pawlot and wife to the plaintiff, by the name of Josepha JDrichta. The mortgage was dated July 3,1868, and recorded in the proper office four days later. The condition thereof was the payment by the mortgagors to the mortgagee of $200 in five years from the date thereof, without interest, according to a note of the same date executed to the plaintiff by the mortgagor, Joseph Pawlot. Pour other persons, alleged to have or…
1Opinion of the CourtLyox, J.
1. That there was an effectual delivery of the note and mortgage by the defendant Joseph Pawlot, the mortgagor and maker of the note, either to Mathias Drichta or the plaintiff, is undisputed and indisputable. The circuit court held, substantially, that the delivery was to Mathias Drichta, and not the plaintiff. That is the significance of the conclusions of law that the plaintiff had no interest in the securities and was concluded by the payment of the mortgage debt to her father. Whether, in the light of established legal principles, such ruling can be upheld, is the main question in the…
2Cases cited7 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Allen v. AllenWisconsin Supreme Court · 1883
- McPherson v. FeatherstoneWisconsin Supreme Court · 1875
- Potter v. StranskyWisconsin Supreme Court · 1880
- Hayden v. RoeWisconsin Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Brunson v. HenryIndiana Supreme Court · 1894
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Tobin v. TobinWisconsin Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.