Wynn v. Carter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Poch County. On tibe 25tb of November, 1854, one Newell sold and conveyed certain lands in Eock county to the plaintiff, Wynn, and the defendant Lawsha, who mortgaged back the premises to Newell, for $7,991.50, being a part of the purchase money.
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APPEAL from the Circuit Court for Poch County. On tibe 25tb of November, 1854, one Newell sold and conveyed certain lands in Eock county to the plaintiff, Wynn, and the defendant Lawsha, who mortgaged back the premises to Newell, for $7,991.50, being a part of the purchase money. The deed and the mortgage were both recorded in December, 1854. In 1856, Wynn and wife conveyed their interest in the premises to Lawsha, and the deed was recorded August 27th of that year; and Lawsha and wife, about the same time, executed a mortgage of the premises to Wynn, which, however, was not recorded until…
1Opinion of the CourtDixon, C. J.
This case presents an important question of fact, and tbe evidence should have been printed. It is not. Tbe appeal should for this reason, in strictness, be dismissed. But we have read tbe evidence in manuscript, and think it folly sustains tbe finding of tbe court below. It leaves no doubt upon our minds tbat Garter purchased in good faith and'for a valuable consideration.
This fact being found in Carter’s favor, tbe case seems very clear, under tbe recording act. Tbe plaintiff’s counsel argue as if it were a mere claim to equitable relief according to tbe rules of tbe court of chancery. But…
2Cases cited1 opinion
- State v. TitusWisconsin Supreme Court · 1863
3Cited by7 opinions
- Funk v. PaulWisconsin Supreme Court · 1885
- Nixv v. WiswellWisconsin Supreme Court · 1893
- Cutler v. JamesWisconsin Supreme Court · 1885
- Ingram v. OsbornWisconsin Supreme Court · 1887
- Rosenheimer v. KrennWisconsin Supreme Court · 1906
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