Smith v. Crosby
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The ease is thus stated by Mr. Justice Taylor: “ This action was brought by Ann M. G. Smith, with A. Hyatt Smith, her husband, and Charles D. Mead, the trustee of her separate estate, for the purpose of redeeming certain real estate from the lien of what is claimed to be a mortgage thereon, given by Ann M. G. Smith to the defendant «7". B. Crosby, to secure the payment of a loan of $1,200, and for an accounting by the defendants…
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APPEAL from the Circuit Court for Dane County. The ease is thus stated by Mr. Justice Taylor: “ This action was brought by Ann M. G. Smith, with A. Hyatt Smith, her husband, and Charles D. Mead, the trustee of her separate estate, for the purpose of redeeming certain real estate from the lien of what is claimed to be a mortgage thereon, given by Ann M. G. Smith to the defendant «7". B. Crosby, to secure the payment of a loan of $1,200, and for an accounting by the defendants for the rents and profits of the mortgaged premises from the time it was alleged said mortgage became due. “ The…
1Opinion of the CourtTayloe, J.
It is insisted by the learned counsel for the appellant, that the conveyances and contracts above described, unexplained by any parol evidence, show that the transaction was a loan of the sum of $1,200 by the said Crosby to the said Ann M. C. Smith, to be paid in two years from the date of such loan; and that, instead of receiving interest on the money loaned, he was to have the use of the property, discharged of the rent secured to her by the lease, the surrender of which was accepted by her at the time of making the loan. On the other hand, the learned counsel for the respondents insists…
2Cases cited3 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Wilcox v. BatesWisconsin Supreme Court · 1870
- Glendenning v. JohnstonWisconsin Supreme Court · 1873
3Cited by13 opinions
- Voss v. EllerIndiana Supreme Court · 1887
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Buse v. PageSupreme Court of Minnesota · 1884
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Miller v. SmithNorth Dakota Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.