Aiken v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. This is an action to foreclose a mortgage on the N. W. \ of the S. E. i of sec. 6, town 12 north, range 9 east, in Portage City, executed April 10, 1854, by the defendant Dunn and wife to the La Crosse & Milwaukee Railroad Company, and registered in the proper office on the following day.
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APPEAL from the Circuit Court for Milwaulcee County. This is an action to foreclose a mortgage on the N. W. \ of the S. E. i of sec. 6, town 12 north, range 9 east, in Portage City, executed April 10, 1854, by the defendant Dunn and wife to the La Crosse & Milwaukee Railroad Company, and registered in the proper office on the following day. The mortgage was given to secure the payment of a promissory note for $5,000 and interest, of even date' therewith, made by the defendant Dunn, and payable to said railroad company or order. On the 11th of October, 1854, the railroad company indorsed the…
1Opinion of the CourtLyon, J.
When the trust deed, through which the appellant malees its title to the premises in controversy, was executed and registered, no assignment of the mortgage executed by Dunn and wife to the La Crosse & Milwaukee Railroad Company had been recorded in the office of the register of deeds, and it does not appear that the trustees named in such deed had any actual notice that such mortgage had been assigned. Upon these facts, it is maintained that the appellant took its title to the mortgaged premises divested of the lien and incumbrance of the mortgage; and the registry laws and the doctrine of…
2Cases cited4 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Morgan v. HammettWisconsin Supreme Court · 1874
3Cited by12 opinions
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Coe v. ManseauWisconsin Supreme Court · 1885
- Cook v. FosterMichigan Supreme Court · 1893
- Anderson v. StarrWashington Supreme Court · 1930
- Hill v. BuffingtonWisconsin Supreme Court · 1900
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