Riemer v. Schlitz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauliee County. In September, 1876, one Haas gave a mortgage on certain personal property to one Herbst, to secure the payment of a note for $166, payable in six months. Afterwards, in 1877, Haas sold tbe same property to Charles Schlitz, who took possession thereof.
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APPEAL from the Circuit Court for Milwauliee County. In September, 1876, one Haas gave a mortgage on certain personal property to one Herbst, to secure the payment of a note for $166, payable in six months. Afterwards, in 1877, Haas sold tbe same property to Charles Schlitz, who took possession thereof. In an action brought by Haas in the county court of Milwaukee county against Herbst, to enjoin him from foreclosing the above mentioned mortgage, that court, in January, 1878, rendered a judgment in favor of Herbst for the amount due on the note secured by such mortgage, with costs, and in…
1Opinion of the CourtOetow, J.
The plaintiff’s claim to the property in dispute consisted of a chattel mortgage given by one Haas to one *277Herbst, and assigned by ITerbst to tbe plaintiff, and of bis right to this mortgage security by subrogation, be having paid, as surety for Haas in a suit against Herbst to enjoin tbe foreclosure of said mortgage, tbe moneys secured thereby to Herbst. Tbe assignment of the note and mortgage was admitted by stipulation of the parties on tbe trial.
The plaintiff’s right of subrogation in such a case is too well settled by this court to require references to authorities in other states.…
2Cases cited2 opinions
- Selleck v. PhelpsWisconsin Supreme Court · 1860
- Greenleaf v. LudingtonWisconsin Supreme Court · 1862
3Cited by2 opinions
- Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939
- Nett v. Stockgrowers' Finance Corp.Montana Supreme Court · 1929