Briggs v. Seymour
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action commenced in March, 1861, to foreclose the defendant’s equity of redemption in certain lands.
Read the full summary
APPEAL from the Circuit Court for Kenosha County. Action commenced in March, 1861, to foreclose the defendant’s equity of redemption in certain lands. The complaint avers that on the 1st of August, 1859, the defendant owned and possessed the lands in question; that the lands on that day were incumbered, first, by “notes and a mortgage for $3000, dated November 8,1855, given by one Truesdell to Hiram Bacon,’ ’ which mortgage “ was mostly unpaid secondly, by a judgment rendered against the defendant and in favor of the plaintiff herein, in said circuit court, December 31,1858, amounting to…
1Opinion of the Court
By the Court,
DixoN, C J.
Whether the transaction between the defendant and Bacon, and subsequently assented to by the plaintiff, was a conditional sale or a mortgage, we need not inquire. It is enough that the parties, both by the complaint and answer, have treated it as a mortgage. The right of redemption is favored in the law; and where it is admitted by the pleadings, courts will not scan the transaction very closely for the sake of defeating it. Taking the parties at their word, we hold the interest of the plaintiff to be that of a mere mortgagee.
The first $1,000 note secured by the…
2Cases cited1 opinion
- Jones v. GilmanWisconsin Supreme Court · 1861
3Cited by3 opinions
- Parmer v. ParmerSupreme Court of Alabama · 1883
- Brooks v. OwenSupreme Court of Missouri · 1892
- Welp v. GuntherWisconsin Supreme Court · 1880