City Bank of Portage v. Plank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wausbara county: Chas. M. Webb, Circuit Judge. Action to foreclose a certain mortgage on the south one-half •of the southwest quarter of section 21 in town 20 north, of range 8 east, in the county of Waushara, Wisconsin, dated ■October 1, 1904, for $3,000, executed by the defendants William Eaehor and Flossie Eaehor to defendant M. Plank and by him assigned on November 15, 1904, to the plaintiff to secure his promissory note of…
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Appeal from a judgment of the circuit court for Wausbara county: Chas. M. Webb, Circuit Judge. Action to foreclose a certain mortgage on the south one-half •of the southwest quarter of section 21 in town 20 north, of range 8 east, in the county of Waushara, Wisconsin, dated ■October 1, 1904, for $3,000, executed by the defendants William Eaehor and Flossie Eaehor to defendant M. Plank and by him assigned on November 15, 1904, to the plaintiff to secure his promissory note of $1,500 dated October 15, 1904, upon which there was due the principal and interest from April 3, 1908. The plaintiff…
1Opinion of the CourtDodge, J.
1. Appellant attacks tbe bolding that tbe deed to E. D. Plank was ineffective to convey any title or interest in tbe mortgaged premises. It is a rule asserted from early times that no grant can exist without a grantee. This is of *657course axiomatic. Tbe title cannot' pass from the grantor unless it passes to some one. As a corollary, it is declared in many cases that a deed or grant to a person wbo does not exist at the time of the grant is void. Such statements are unassailable if properly understood. If the grant, in the intention of the parties, is attempted to be made to some person who has…
2Cases cited16 opinions
- Wilson v. WhiteCalifornia Supreme Court · 1890
- Marling v. NommensenWisconsin Supreme Court · 1906
- Neal v. NelsonSupreme Court of North Carolina · 1895
- Bartel v. BrownWisconsin Supreme Court · 1899
- Loizeaux v. FremderWisconsin Supreme Court · 1904
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3Cited by16 opinions
- State v. WachsmuthWisconsin Supreme Court · 1976
- Black v. BrownSupreme Court of Arkansas · 1917
- Chance v. KimbrellIllinois Supreme Court · 1941
- Grace v. HendricksSupreme Court of Florida · 1932
- Pirie v. Le SaulnierWisconsin Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.