Pierce v. Kneeland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage on several lots in the city of Milwaukee, executed by Allison Lewis and Jonathan Taylor to the plaintiff, to secure the payment of $10,000, according to the condition of their bond for that sum. The complaint alleged, among other things, that the mortgagors had parted with all their interest in the mortgaged premises; and they were not made parties to the action.
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APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage on several lots in the city of Milwaukee, executed by Allison Lewis and Jonathan Taylor to the plaintiff, to secure the payment of $10,000, according to the condition of their bond for that sum. The complaint alleged, among other things, that the mortgagors had parted with all their interest in the mortgaged premises; and they were not made parties to the action. James Kneeland, one of the defendants, answered, denying each and every allegation of the complaint. Daniel Bennett and John J. Orton, two of the…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us that the stipulation *678entered into between Pierce and the mortgagors Lewis and Taylor, in reference to releasing portions of the mortgaged property, is not available to the defendants. It was not an agreement which professed to run to the mortgagors and assigns. It was personal in its character, and therefore did not inure to the benefit of subsequent purchasers. For a person might be very willing to enter into an agreement with his immediate grantee to release a part of the property on being paid a portion of the mortgage debt, without being willing to…
2Cited by11 opinions
- Gammel v. GoodeSupreme Court of Iowa · 1897
- Equitable Life Assurance Society v. BootheOregon Supreme Court · 1938
- Tholen v. DuffySupreme Court of Kansas · 1871
- Clarke v. CowanMassachusetts Supreme Judicial Court · 1910
- Juneau County State Bank v. State Bank of MaustonWisconsin Supreme Court · 1923
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