Sands v. Kaukauwa Water Power Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JoiiN GoodlaND, Circuit Judge. Action to foreclose a mortgage. The complaint is in the usual form. The mortgage is in the form of a trust deed. It was given to the plaintiff as trustee to secure the payment of the principal of and interest on seventy-five $1,000 bonds, sixty-three of which were issued and fifty-eight of which were outstanding at the time of the commencement of the action.
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Appeal from a judgment of the circuit court for Outa-gamie county: JoiiN GoodlaND, Circuit Judge. Action to foreclose a mortgage. The complaint is in the usual form. The mortgage is in the form of a trust deed. It was given to the plaintiff as trustee to secure the payment of the principal of and interest on seventy-five $1,000 bonds, sixty-three of which were issued and fifty-eight of which were outstanding at the time of the commencement of the action. The mortgage or trust deed, among others, covered lands having appurtenant thereto an improved water power. It fur-tber covered the rents to…
1Opinion of the CourtMaRshauu, J.
This appeal turns on the meaning of the word “premises” as used in the release clause of the trust deed. The trial court held to the technical meaning thereof in deciding this case, that is, that it was used in the same sense as that attributed to such word when it occurs in the habendum clausa of a deed, to the estate granted, not to the corpus of the particular parcel of realty referred to. That such is its technical meaning may be conceded. Farquharson v. Eichelberger, 15 Md. 63; Miller v. Ewing, 6 Cush. 34; Holbrook v. Debo, 99 Ill. 372; Berry v. Billings, 44 Me. 416. It is difficult,…
2Cases cited10 opinions
- Holbrook v. DeboIllinois Supreme Court · 1881
- Farquharson v. EichelbergerCourt of Appeals of Maryland · 1860
- Winlock v. StateIndiana Supreme Court · 1890
- State v. FrenchIndiana Supreme Court · 1889
- Bandalow v. PeopleIllinois Supreme Court · 1878
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3Cited by10 opinions
- Houston Oil Co. of Tex. v. v. M. Co.Texas Supreme Court · 1934
- O'CONNOR v. Great Lakes Pipe Line Co.Court of Appeals for the Eighth Circuit · 1933
- State Ex Rel. Siciliano v. JohnsonWisconsin Supreme Court · 1963
- Charette v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1930
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
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