Kunert v. Strong
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. YiNJE, Circuit Judge. This action was brought by the plaintiff to adjudge a deed absolute in form of certain lands to be a mortgage, and to redeem said lands from the lien of the alleged mortgage.
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Appeal from a judgment of the circuit court for Douglas county: A. J. YiNJE, Circuit Judge. This action was brought by the plaintiff to adjudge a deed absolute in form of certain lands to be a mortgage, and to redeem said lands from the lien of the alleged mortgage. The complaint alleged that the real estate in question was sold and conveyed by Moses M. Strong, deceased, the defendant’s testator, on the 10th day of April, 1890, for the sum of $1,600, •of which sum $600 was paid in cash on the date of the deed, to wit, April 10, 1890, and for the remaining $1,000 notes were given, payable one…
1Opinion of the CourtWiNslow, J.
In this case the court adjudged, upon the allegations of the complaint and answer, that the relations of the parties were those of mortgagor and mortgagee; hence the question is whether that conclusion necessarily follows from the admissions and .allegations of the answer. That such relation existed prior to August 10, 1896, is admitted ; but it is alleged in the answer that the plaintiff then owed, in principal and interest and unpaid taxes, $861.79, and that the mortgaged land was not worth to exceed $500 or $600, and that the parties then agreed that the land should. be • conveyed to the…
2Cases cited3 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Smith v. CrosbyWisconsin Supreme Court · 1879
3Cited by5 opinions
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- Paul v. SmithWisconsin Supreme Court · 1934
- Acme Brick Co. v. Jacobi-Erdman, Inc.Wisconsin Supreme Court · 1940
- Coates v. MarsdenWisconsin Supreme Court · 1910
- Gutschenritter v. HostermanWisconsin Supreme Court · 1930