Hoppin v. Doty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. In March, 1854, Lennan executed a mortgage of about two hundred acres of land in Columbia county, to secure his note to the La Crosse and Milwaukee Railroad Company for $400; and the company, in 1855, assigned the mortgage, for value, to persons from whom plaintiff purchased it in 1856. There was, however, no record in the register’s office of said county of any assignment of the mortgage; and the evidence herein shows that…
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APPEAL from the Circuit Court for Juneau County. In March, 1854, Lennan executed a mortgage of about two hundred acres of land in Columbia county, to secure his note to the La Crosse and Milwaukee Railroad Company for $400; and the company, in 1855, assigned the mortgage, for value, to persons from whom plaintiff purchased it in 1856. There was, however, no record in the register’s office of said county of any assignment of the mortgage; and the evidence herein shows that the mortgage and note were attached to a bond of the railroad company for $4,000, running to James Ludington or bearer, in…
1Opinion of the CourtPaiite, J.
The evidence in this case is not materially different, upon the question whether either Munn or Doty was a bona fide purchaser, without notice of the plaintiff’s mortgage, from what it was in the former action between the same parties, reported in the 22d Wis. p. 621. We there held that it clearly appeared that each had notice, and that the plaintiff had the right to redeem from the former mortgage sale under which their title accrued. We think this is equally clear now.
It is true, that in the present case it appears, that Munn had been induced to attempt to make an apparent qualification of…
2Cases cited1 opinion
- DeWitt v. PerkinsWisconsin Supreme Court · 1868
3Cited by7 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Webb v. John Hancock Mutual Life InsuranceIndiana Supreme Court · 1904
- Coe v. ManseauWisconsin Supreme Court · 1885
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Wisconsin River Land Co. v. SeloverWisconsin Supreme Court · 1908
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