Wilton v. Mayberry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. The facts are sufficiently stated in the opinion. Eor the appellants it was contended, inter alia, that a mortgage after payment becomes ffimctus officio, and neither the mortgagee nor any one else has, as a general rule, any power to transfer it as a subsisting security, or to revive it to secure the same or any other liability. 2 Jones, Mort. sec. 943; Gammon v. Kentner, 55 Iowa, 508. Plaintiff does not show equities which…
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APPEAL from the Circuit Court for Pierce County. The facts are sufficiently stated in the opinion. Eor the appellants it was contended, inter alia, that a mortgage after payment becomes ffimctus officio, and neither the mortgagee nor any one else has, as a general rule, any power to transfer it as a subsisting security, or to revive it to secure the same or any other liability. 2 Jones, Mort. sec. 943; Gammon v. Kentner, 55 Iowa, 508. Plaintiff does not show equities which entitle him to the subrogation asked. Ellsworth v. Lockwood, 42 N. Y. 89; Patterson v. Pirdsdll, 6 Hun, 632; OottrelVs…
1Opinion of the CourtOetost, J.
The complaint sets out substantially the following facts: On or about the 5th day of November, 1881, the appellants William Mayberry and .Martha, his wife, executed a mortgage on certain real estate in Pierce county, Wisconsin, to one Ann W. Grant, to secure to her the payment of $1,000 on the 1st day of July, 1887; and said mortgage was duly recorded. On the 5th day of July, 1887, said mortgage being due, the respondent loaned to said appellants the sum of $1,005, on the agreement that with said money said mortgage should be paid and discharged of record, and that said appellants should…
2Cases cited4 opinions
- Levy v. MartinWisconsin Supreme Court · 1880
- Carey v. BoyleWisconsin Supreme Court · 1881
- Jones v. ParkerWisconsin Supreme Court · 1881
- Downer v. MillerWisconsin Supreme Court · 1862
3Cited by20 opinions
- Rock River Lumber Corp. v. Universal Mortgage Corp. of WisconsinWisconsin Supreme Court · 1978
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Kent v. BaileySupreme Court of Iowa · 1917
- Martin v. HickenlooperUtah Supreme Court · 1936
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