Smith v. Wait
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Outagamie County. Foreclosure. Tlie mortgage iu suit was given to plaintiff by defendant Wait and her husband, since deceased, in Janu-uary, 1867, and covered four lots in the city of Appleton, one of which, described as lot 7, is claimed by the mortgagor as a homestead.
Read the full summary
APPEAL from tlie Circuit Court for Outagamie County. Foreclosure. Tlie mortgage iu suit was given to plaintiff by defendant Wait and her husband, since deceased, in Janu-uary, 1867, and covered four lots in the city of Appleton, one of which, described as lot 7, is claimed by the mortgagor as a homestead. The defendant lightbocly, who held a second mortgage, executed in March, 1869, upon the same lands except lot 7, appeared and answered, setting out the existence of his mortgage, the amount due thereon, and that lot 7 was amply sufficient, if sold, to pay the first mortgage and the costs,…
1Opinion of the CourtCole, J.
Tbe decision in Hanson v. Edgar, 34 Wis., 653, controls tbis case, unless tbe fact tbat tbe Lightbody mortgage was executed before tbe passage of cb. 133, Laws of 1810, calls for tbe application of a different rule. Rut we do not think tbat fact can or should have any sucb effect, for tbis reason: Tbe rule tbat where one has a lien upon two estates, and another a subsequent lien upon only one of them, tbe former will be compelled first to exhaust tbe subject of his exclusive lien before be resdrts to tbe doubly-charged estate, was one which a court of equity enforced upon equitable…
2Cases cited3 opinions
- Dorr v. ShawNew York Court of Chancery · 1819
- Hanson v. EdgarWisconsin Supreme Court · 1874
- Newsom v. McLendonSupreme Court of Georgia · 1849
3Cited by7 opinions
- Whitney v. TraynorWisconsin Supreme Court · 1889
- Clancey v. AlmeWisconsin Supreme Court · 1898
- United States v. BleserDistrict Court, E.D. Wisconsin · 1940
- Century Savings Bank v. MoodyCourt of Appeals for the Eighth Circuit · 1913
- In re ClarkDistrict Court, W.D. Wisconsin · 1989
2 more not listed; retrieve them via the Exa API.