Girardin v. Lampe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Taylor: “ This is an action to foreclose a mortgage upon certain real estate. The material facts are as follows: On the 27th day of October, 1869, Michael Elynn executed and delivered his-note for $100, payable one year after date, with ten per cent, interest, to the order of William.
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APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Taylor: “ This is an action to foreclose a mortgage upon certain real estate. The material facts are as follows: On the 27th day of October, 1869, Michael Elynn executed and delivered his-note for $100, payable one year after date, with ten per cent, interest, to the order of William. Walker, and to secure the payment of said note he executed and delivered a mortgage to said Walker, mortgaging the lands in question. Said mortgage was duly acknowledged and recorded in the office of the register of deeds of…
1Opinion of the CourtTayloe, J.
The only questions of law in the case, arising out of these facts, are — First, was the record of the assignment of the mortgage by "Walker to the plaintiff constructive notice thereof to the defendant Lampe? and, second, if such record was not constructive notice to the defendant Lampe, is he entitled to the benefit of the registry act, and entitled to be protected as a bona fide purchaser, without knowledge of the plaintiff’s ownership of the mortgage at the time the same was discharged of record by the mortgagee?
Upon the first point this court has, we think, clearly decided that, in order…
2Cases cited8 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Pringle v. DunnWisconsin Supreme Court · 1875
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Gilbert v. JessWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Marling v. NommensenWisconsin Supreme Court · 1906
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
- Friend v. YahrWisconsin Supreme Court · 1905
- Merrill v. LuceSouth Dakota Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.