Krugmeier v. Hackett
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Outa-gamie county: Johe Goodland, Circuit Judge. Suit in equity to cancel and satisfy of record a certain real-estate mortgage from the bankrupt Wason to defendant B. H. Hackett and assigned to the defendant bank, on the ground that the same has been fully satisfied.
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'Appeal from a judgment of the circuit court for Outa-gamie county: Johe Goodland, Circuit Judge. Suit in equity to cancel and satisfy of record a certain real-estate mortgage from the bankrupt Wason to defendant B. H. Hackett and assigned to the defendant bank, on the ground that the same has been fully satisfied. The mortgage was for $5,700, made January 2, 1903, to secure $5,700 evidenced by a judgment note, which was further secured by a chattel mortgage upon the stock in trade of Wason and by the pledge of certain bank stock held by him. In August, 1903, Wason sold his stock in trade for…
1Opinion of the CourtDodge, J.
No issue is taken with the appellant’s contention that, as a strict rule governing legal rights, the payment of a debt secured by mortgage extinguishes the mortgage completely, and that such mortgage cannot be revived and become a valid lien upon real estate without the formalities required by law for the original execution of mortgages. But we deem such principle noncontrolling of the rights of these parties, for two reasons: First, that there is no antagonism by any clear preponderance of the evidence to the finding of the court that the transaction agreed to by defendant bank, Haclcett,…
2Cases cited4 opinions
- Hart v. SmithWisconsin Supreme Court · 1878
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- Blackman v. ArnoldWisconsin Supreme Court · 1902
- Havenor v. PipherWisconsin Supreme Court · 1901
3Cited by2 opinions
- Iowa County Bank v. PittzWisconsin Supreme Court · 1927
- In Re Carley Capital GroupUnited States Bankruptcy Court, W.D. Wisconsin · 1990