First National Bank of Stevens Point v. Chafee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. This action was commenced March 30, 1896, by the as-signee of a land contract against the vendee in possession, and also against the vendor and a subsequent mortgagee of the vendor, to foreclose the contract, and have the mortgage adjudged subject and subordinate to the plaintiff’s claim.
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Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. This action was commenced March 30, 1896, by the as-signee of a land contract against the vendee in possession, and also against the vendor and a subsequent mortgagee of the vendor, to foreclose the contract, and have the mortgage adjudged subject and subordinate to the plaintiff’s claim. Issue being joined and trial had, the court found, as matters of fact, in effect, as follows: September 3, 1892, the defendant James E. Wiley, was the owner in fee of the 240 acres of land described. On that day…
1Opinion of the Court
Cassoday, O. J.
Of course, the actual and open possession of the land by Mathews, as vendee under the unrecorded contract for the purchase of the same, as found by the court, was constructive notice to Ohafee and the world as to what his rights and interest in the land were. Meade v. Gilfoyle, 64 Wis. 25; Coe v. Manseau, 62 Wis. 82; Wickes v. Lake, 25 Wis. 71; Ely v. Wilcox, 20 Wis. 523. But such constructive notice related primarily to the rights and inter-' est of Mathews. Thus, it has been held that where the vendee, in such actual possession, has paid to the vendor the full amount of the…
2Cases cited7 opinions
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Wickes v. LakeWisconsin Supreme Court · 1869
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Mason v. BeachWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shaft v. CareyWisconsin Supreme Court · 1900
- Stoltze Land Co. v. WestbergMontana Supreme Court · 1922
- Simanek v. NemetzWisconsin Supreme Court · 1903
- McIntosh v. BowersWisconsin Supreme Court · 1910
- Webb v. MasonWisconsin Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.