Mathwig v. Mann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The facts are fully stated in the opinion. To the point that the mortgage was the prior lien even though not recorded until after the mechanics’ liens had attached, they cited Rose v. Munie, 4 Cal. 173; Miller v. Stoddwrd, 50 M!inn. 272 ; 8. O. 54 id. 486; Fletcher v. Kelly, 88 Iowa, 475; Nashua Trust Oo. v. W. 8. Fdwards Mfg.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The facts are fully stated in the opinion. To the point that the mortgage was the prior lien even though not recorded until after the mechanics’ liens had attached, they cited Rose v. Munie, 4 Cal. 173; Miller v. Stoddwrd, 50 M!inn. 272 ; 8. O. 54 id. 486; Fletcher v. Kelly, 88 Iowa, 475; Nashua Trust Oo. v. W. 8. Fdwards Mfg. Co. 68 N. W. Bep. 587. They contended, inter alia, that the respondents, by commencing the erection of the building before the recording of the mortgage, thereby acquired…
1Opinion of the Court
Cassoday, 0. J.
This action was commenced November 11, 1893, to enforce liens for labor performed and materials furnished by the plaintiff and the defendants — other than the defendant Mann and the church corporation — in the aggregate amount of $3,747.05, and to have such liens adjudged prior and superior to the mortgages in favor of the defendant Mann. Mann answered, and, in effect, denied that his mortgages were subsequent and subordinate to such other liens, and claimed that they were prior and superior thereto.
Upon the trial before J. F. Harper, as referee, he found, as matters of fact,…
2Cases cited4 opinions
- Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
- Wisconsin Planing Mill Co. v. SchudaWisconsin Supreme Court · 1888
- Jessup v. StoneWisconsin Supreme Court · 1861
- Rees v. LudingtonWisconsin Supreme Court · 1860
3Cited by5 opinions
- Claridge v. EvansWisconsin Supreme Court · 1908
- Andersen Yard Co. v. Citizens State BankWisconsin Supreme Court · 1925
- Mickuczauski v. Helmholz Mitten Co.Wisconsin Supreme Court · 1912
- Kaczmarek v. Geuder, Paeschke & Frey Co.Wisconsin Supreme Court · 1912
- Karger v. Steele-Wedeles Co.Wisconsin Supreme Court · 1899