Merchants' & Mechanics' Savings Bank v. Lovejoy
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Rods County. The appellant commenced an action against the defendant Eobinson to recover the amount of three promissory notes, and at the same time summoned the defendant Hol-dredge, as garnishee of Eobinson, to reach the proceeds of the sale of some tobacco from Eobinson to Holdredge.
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APPEAL from, the Circuit Court for Rods County. The appellant commenced an action against the defendant Eobinson to recover the amount of three promissory notes, and at the same time summoned the defendant Hol-dredge, as garnishee of Eobinson, to reach the proceeds of the sale of some tobacco from Eobinson to Holdredge. The answer of the garnishee disclosed that the sum of $247.60 was due from him to Eobinson for the tobacco, or whoever owned it; that he had been notified by 8. S. Love-joy that he claimed to own Eobinson’s interest in the tobacco under some contract or agreement; that he was…
1Opinion of the CourtPinNEy, J.
1. There can be no doubt but that the deed and agreement, -which were clearly given to secure the debt of Robinson to Lovejoy, constituted a mortgage. It is settled that whenever property is transferred, no matter in what form or by what conveyance, as a mere security for a debt, the-person to whom the transfer is made takes merely as a mortgagee, and has no other rights or reme*608dies than the law accords to mortgagees. We have here an absolute deed, and a defeasance in a separate instrument, and the two constitute a mortgage. Howe v. Carpenter, 49 Wis. 702; Brinkman v. Jones, 44 Wis. 498;…
2Cases cited17 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Andrew v. . NewcombNew York Court of Appeals · 1865
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Harris v. RiggsIndiana Court of Appeals · 1916
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Talty v. SchoenholzIllinois Supreme Court · 1926
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.