(DOWNLOAD) "Saric v. Brlos Et Al." by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Saric v. Brlos Et Al.
- Author : Supreme Court of Wisconsin
- Release Date : January 16, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Foreclosure action commenced in January 1944 by S. J. Saric against Math Brlos, Peter Cherry and wife, and others, including plaintiffs wife, Katie Saric, to recover on a note dated July 22, 1921, for $1950 and interest payable four months after date and secured by a mortgage executed and delivered by Brlos to G. F. and Mayme E. Sanborn, and duly recorded July 23, 1921, in the office of the register of deeds of Vilas county. The mortgage was on several tracts of land in that county, including forty acres subsequently conveyed to Peter Cherry; and the mortgage was released of record as to some of the tracts but never as to the tract owned by Cherry. Plaintiff claims that on March 18, 1926, $666 remained unpaid on the note; that for this amount the Sanborns assigned the note and mortgage to plaintiff, and his name and address were stated in the recorded assignment; and that on March 18, 1944, $1505 were owing for principal and accrued interest. Although served as a defendant, Katie Saric did not enter an appearance; neither did Math Brlos. Answers were filed by the other defendants, including Cherry and wife, who alleged in their answer the following, in connection with other matters denied or admitted, to-wit: That by a warranty deed duly recorded January 27, 1932, the record of the register of deeds shows that Math Brlos and wife on September 23, 1930, conveyed to plaintiffs wife, Katie Saric, land described in the mortgage assigned to plaintiff in 1926; that as the defendants Cherry are informed and believe said warranty deed was given free and clear of all incumbrances, including the mortgage for $1950, and was intended to satisfy said indebtedness and mortgage and that in that deed Katie Saric was made the grantee solely as a matter of convenience for plaintiff; that neither Brlos, nor the plaintiff or Katie Saric, paid the taxes against the land for 1929, nor any time since; that the taxes thereon were delinquent and at the sales of 1930 and 1931 were bid in by Vilas county, which took tax deeds thereon and also bought all tax certificates at delinquent tax sales in 1932 to 1938; and that on July 15, 1937, Vilas county gave a quit claim deed to Ruth Schultz, who, in turn, with the Cherrys redeemed all said tax certificates, and sold forty acres of said land to Peter Cherry, who went into possession and occupancy thereof on September 1, 1939, and made extensive improvements thereon worth $1275 by clearing and stumping and fencing part thereof and erecting thereon a log dwelling, log barn, chicken house, root cellar and pump. The Cherrys denied any liability as to said mortgage indebtedness and as a defense on the ground of laches alleged that the mortgagee or his assignee, the plaintiff, failed to pay taxes assessed and levied against the mortgaged land and therefore failed to protect his interest therein and thereby lost his right to foreclosure and sale of the forty acres now owned by Cherry.
 "Saric v. Brlos Et Al." by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free){kind=link}