Jessup v. Stone
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine County. Tbe Racine & Mississippi Railroad Company, on tbe 1st January, 1857, executed to tbe plaintiffs a mortgage upon tbeir railroad and its appurtenances, including tbe depots, &c., at all places along tbe line of tbe road, and tbe lots of land on wbicb tbe same were or might be erected, and all tbe pieces of land wbicb should be used for depots or station purposes, &c.
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APPEAL from tbe Circuit Court for Hacine County. Tbe Racine & Mississippi Railroad Company, on tbe 1st January, 1857, executed to tbe plaintiffs a mortgage upon tbeir railroad and its appurtenances, including tbe depots, &c., at all places along tbe line of tbe road, and tbe lots of land on wbicb tbe same were or might be erected, and all tbe pieces of land wbicb should be used for depots or station purposes, &c. After tbe mortgage was duly recorded, tbe appellants, under a contract with tbe railroad company, commenced tbe construction of a station building for tbe company, at Darien, upon…
1Opinion of the Court
By the Court,
DixoN, C. J.
Rees vs. Ludington [ante p. 277], disposes of this case. It is even much stronger against the appellants than that was against Ludington and others. Here it is understood that the mortgage to the respondents was executed, delivered and recorded prior to the commencement of the building, by virtue of the lien on which the appellants claim title ; while in that case the priority of the mortgage was the subject of serious controversy. After a careful consideration of the full and able printed argument presented by the counsel for the appellants, our judgment as to the…
2Cases cited3 opinions
- O'Conner v. WarnerSupreme Court of Pennsylvania · 1842
- Savoy & Salter v. JonesSupreme Court of Pennsylvania · 1830
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- Conrad v. StarrSupreme Court of Iowa · 1879
- Chadbourn v. . WilliamsSupreme Court of North Carolina · 1874
- McCarty v. BurnetIndiana Supreme Court · 1882
- Chapman v. WadleighWisconsin Supreme Court · 1873
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