Strobe v. Downer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action to foreclose a mortgage. The case is stated sufficiently in the opinion of the court.
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APPEAL from the Circuit Court for Washington County. Action to foreclose a mortgage. The case is stated sufficiently in the opinion of the court. Judgment for the plaintiff against all the defendants, from which the defendant Downer appealed. contended that Strobe, not having given Downer notice, actual or constructive, of the assignment, had no rights as assignee, other than Weimar, the first mortgagee, would have had, if he had not assigned the mortgage; that if Weimar, after the assignment but before record thereof, had released of record the mortgage so assigned, and the mortgagor had…
1Opinion of the Court
By the Court,
Paine, J.
The material facts of this case are as follows: Matthias Thullen and wife executed to Louis Weimar, the mortgage to foreclose which this suit is brought, on the 22d day of July, 1855, and it was recorded on the 26th of the same month. Afterwards, in March, 1856, they executed a second mortgage upon the same premises, to Moses Weil, which was duly recorded, and was afterwards as*13signed to Downer, the appellant. The first mortgage was assigned to the plaintiff, hut the assignment was never re- _ corded. It seems that when Downer took the assignment of the second mortgage,…
2Cited by21 opinions
- Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
- Whitney v. RobinsonWisconsin Supreme Court · 1881
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Herman v. FelthousenWisconsin Supreme Court · 1902
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
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