State v. Throup
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. This was an action to foreclose a mortgage given by one Parker to the State of Wisconsin, June 5, 1849, upon lot 6 in block 15, in the city of Racine.
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APPEAL from the Circuit Court for Racine County. This was an action to foreclose a mortgage given by one Parker to the State of Wisconsin, June 5, 1849, upon lot 6 in block 15, in the city of Racine. On the trial, it appeared that on the 28th of October, 1854, Parker conveyed to one Case the south half of the lot, by a warranty deed containing the following clause: “subject however to a certain mortgage of four hundred dollars, executed to Anson Bige-low * * which the party of the second part hereby agrees to pay, when it shall become due, the amount thereof being deducted from the purchase…
1Opinion of the Court
By the Court,
Paine, J.
This was an action to foreclose a mortgage, and the only question presented on this appeal arises between two defendants, as to which is entitled to have his portion of the mortgaged premises reserved until the other shall be first sold. Parker, the original grantee from the state, first conveyed the south half of the lot, which now belongs to the appellant Throup. In that conveyance it was provided, that it should be subject to a certain mortgage of four hundred dollars, which the grantee, Case, assumed and agreed to pay, “ and subject also to a certain mortgage to the…
2Cited by2 opinions
- Mayer v. MayerWisconsin Supreme Court · 1966
- Lipp v. HuntNebraska Supreme Court · 1890