Wells v. Scanlan
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. On March 10, 1891, Agnes M. Scanlan, in consideration of a loan of $1,500 either to herself or to her husband, executed her note for that amount, payable 'at Chicago', Illinois, three months after date, and, as security, deeded to the lender, Andrew S. Work, lands in Dodge county, Wisconsin, and received from Work a written defeasance, agreeing to reconvey upon payment' of the debt.
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Appeal from a judgment of tbe circuit court for Dodge county: James J. Dice, Circuit Judge. On March 10, 1891, Agnes M. Scanlan, in consideration of a loan of $1,500 either to herself or to her husband, executed her note for that amount, payable 'at Chicago', Illinois, three months after date, and, as security, deeded to the lender, Andrew S. Work, lands in Dodge county, Wisconsin, and received from Work a written defeasance, agreeing to reconvey upon payment' of the debt. Work transferred the note to one J. IT. Wheeler, who had negotiated the loan. He recovered judgment thereon against Agnes…
1Opinion of the CourtDodge, J.
Roth parties agree that the writings between Mrs. Scanlan and Work constituted a mortgage, the concession being fully justified by the authorities in this state. Brinkman v. Jones, 44 Wis. 498, 514; Cumps v. Kiyo, 104 Wis. 656, 659, 80 N. W. 937; Beebe v. Wis. M. L. Co. 117 Wis. 328, 332, 93 N. W. 1103.
The defense of payment resulting from Hedenberg’s alleged primary liability as between him and Scanlan is, owing, perhaps, to the death of Mrs. Scanlan, wholly unsupported by evidence; and the finding that the transaction between Hed-enberg and Wheeler was that of purchase of the judgment is…
2Cases cited16 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Arndt v. GriggsSupreme Court of the United States · 1890
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Anderson v. BaxterOregon Supreme Court · 1871
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3Cited by2 opinions
- Ogden v. BradshawWisconsin Supreme Court · 1915
- Joseph D. Patton and Constance M. Patton v. Oscar M. Jonas, CollectorCourt of Appeals for the Seventh Circuit · 1957