Gettelman v. Commercial Union Assurance Co.
Wisconsin Supreme Court
Appeals from, judgments of the superior court of Milwaukee county; R. N. Austen, Judge. On April 29, 1893, the plaintiff Durbin owned the premises in question. On that day he and his wife made a contract with one Mrs. Mary Ann Lynds, whereby they agreed to convey said premises to Mrs. Lynds upon the payment of $7,461.40 within five years, as therein prescribed. Mrs. Lynds thereupon entered into possession of the premises, and has continued in such possession ever since.
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Appeals from, judgments of the superior court of Milwaukee county; R. N. Austen, Judge. On April 29, 1893, the plaintiff Durbin owned the premises in question. On that day he and his wife made a contract with one Mrs. Mary Ann Lynds, whereby they agreed to convey said premises to Mrs. Lynds upon the payment of $7,461.40 within five years, as therein prescribed. Mrs. Lynds thereupon entered into possession of the premises, and has continued in such possession ever since. On November 17, 1893, Mrs. Lynds transferred the land contract to Gettel-man by an assignment, absolute in form, to secure…
1Opinion of the CourtCassoday, C. J.
From the facts stated, it is very manifest that neither at the time of procuring the policies, nor at any time thereafter, did Gettelman have any right, title, or interest in or to the land contract, except that he held it as a pledge from Mrs. Lynds to secure him for the repayment of $303.66, which he had advanced for her benefit, and interest thereon at six per cent, from November 15, 1894. It is equally manifest that at the time the policies were procured, *241and at all times during the life of the policies, Mrs. Lynds was in the exclusive possession of the premises, and held the same as…
2Cases cited12 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
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3Cited by7 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Smith v. PflugerWisconsin Supreme Court · 1905
- Beebe v. Wisconsin Mortgage Loan Co.Wisconsin Supreme Court · 1903
- Cherry v. Territory of OklahomaSupreme Court of Oklahoma · 1906
- Security State Bank v. Monona Golf ClubWisconsin Supreme Court · 1934
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