Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume . 60

Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin Volume . 60

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...without knowledge of the character of the instruments, she executed to him the note and mortgage of said land in suit, payable in 18T0; that afterwards he built a house upon the land, and in 1871 induced her to come with her husband from another city and live upon the premises to make a home for him, upon the assurance that he had conveyed the land to her, she then first learning of said deed; that in 1873 he delivered the deed to her, and that she did not then know of the existence of the note and mortgage) it is held that the note and mortgage were without consideration and that the plaintiff is estopped from proceeding in equity to enforce the same. APPEAL from the Circuit Court for Racine County. The case is thus stated by Mr. Justice Cassoday: "This action was commenced November 18, 1881, to foreclose a note and mortgage for $1,800, upon a lot in the city of Racine, alleged to have been executed by the defendant Mary Kelley, then Mary (JIIara, April 13, 1869, which, by their terms, were due and payable one year after that date, with interest at ten per cent. The defenses to the foreclosure were that they were signed by Mary without knowing their character or that the lot had been deeded to her, and without any consideration, and that the plaintiff, by his subseCawley vs. Kelley and husband. quent delivery of the deed and other acts, was estopped from claiming the validity of the note and mortgage; and also that the statute of limitations had run on the note. "It appears from the undisputed evidence that the plaintiff, who was then married, took Mary into his home about 1844, when she was only two or three years of age, to bring up, and that she remained with him until April, 18T0, when she was twenty-eight or twenty-nine...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236882105
  • 9781236882103