19 Wis. 178 | Wis. | 1865
By the Court,
This is an appeal from an order of the circuit court, entering satisfaction of a judgment in favor of the appellants for $1778.98. They maintain that there was not sufficient evidence of the payment of the judgment. This depends upon whether or not they had received as part payment thereof three promissory notes of $500 each, made by Henry Sherman, and secured by deed of trust on lands in the state of Illinois. At the time of the entering of the j udgment and the making of the stipulation pursuant to which it was entered, these notes,and others belonging to the defendants, were in the hands of the sheriff, under an order of the court, for collection, having been attached in the suit as the property of the defendants. In the stipulation, among other things, it was agreed in substance as follows : That the defendants should deliver to the plaintiffs the three promissory notes. If it should appear within twenty days from September 28th, 1859, that the notes and deed of trust were true and genuine and such as represented by the defendants, the plaintiffs agreed to receive them in part payment of the judgment. The stipulation then closes with the following': “And it is expressly agreed that the above settlement shall not be made unless the above described • indebtedness of the said Henry Sherman is by him recognized to be true and genuine, and the said deed of trust is good and valid on record, and nothing on record interferes with it in any manner, and it is recognized by said Sherman.”
Order of the court below reversed, with costs.