Friend v. Yahr
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: Oreen T. Williams, Circuit Judge. Action to foreclose a mortgage. The complaint was in the usual form.
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Appeals from a judgment of the circuit court for Milwaukee county: Oreen T. Williams, Circuit Judge. Action to foreclose a mortgage. The complaint was in the usual form. Defendants Thomas H. Bowes and Mary Kurtz, as executors of the last will of J ames Lawrie, deceased, pleaded ownership of a note for $1,600, secured hy a mortgage on the premises described in the complaint, given to their testator in his lifetime by defendants Francis Ward and Alice Ward, the makers of plaintiff’s mortgage, and that the said mortgage was paramount to that of the plaintiff. They ask for appropriate relief.…
1Opinion of the Court
*298Tbe following opinion was filed October 24, 1905 :
Maeshalx, J.
Tbe finding tbat appellant is not tbe bona fide bolder of tbe $1,600 mortgage of November 14, 1902, is grounded, in tbe main, on tbe following supposed infirmities in ber position: (1) Tbe transfer of tbe mortgage was ineffective because tbe assignment was incomplete wben delivered, in tbat tbe space for tbe name, of tbe assignee was blank, and it was not re-acknowledged after being completed. (2) Charles Friend bad constructive notice of tbe first $1,600 mortgage, referred to as tbe Lawrie mortgage, wben be took and paid for tbe…
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