Legal Opinion

Karger v. Steele-Wedeles Co.

Wisconsin Supreme Court

Decided May 16, 1899PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. To the point that the attachment lien was prior and superior to the mortgage lien, they cited secs. 2241, 2242, 2737, R. S. 1878; Drake, Attachment, § 239; Shufeldt v. Pease, 16 Wis. 689; Hibben v. Boyer, 38 Wis. 319; Gutter v. James, 64 Wis. 173; Prielcett v. Muele, 74 Wis. 199; Bivrtv. M&rehcvnts Ins. Oo. 106 Mass. 356; Wahrenberger v. Waid, 8 Colo.

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Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. To the point that the attachment lien was prior and superior to the mortgage lien, they cited secs. 2241, 2242, 2737, R. S. 1878; Drake, Attachment, § 239; Shufeldt v. Pease, 16 Wis. 689; Hibben v. Boyer, 38 Wis. 319; Gutter v. James, 64 Wis. 173; Prielcett v. Muele, 74 Wis. 199; Bivrtv. M&rehcvnts Ins. Oo. 106 Mass. 356; Wahrenberger v. Waid, 8 Colo. App. 200; Southern B. da T. Oo. v. Folsom, 75 Eed. Rep. 929; Oa/rter v. Ohampion, 8 Conn. 549; Bigelow v. Tojpliff, 25 Yt. 288; Mcvyham v. Goornbs, 14…

1Opinion of the CourtWinslow, J.

This is an action of foreclosure of a real-estate mortgage, and the question presented is whether an attachment lien takes precedence of a prior mortgage upon the property, executed and delivered in good faith, but not recorded until after the levy of the attachment and filing of the certificate of attachment. The trial court held that the mortgage lien was prior to the attachment lien, and this-conclusion was undoubtedly correct. The rule is thus correctly stated in 1 Wade, Attachment, § 253: “The attachment only operates as a lien upon the interest in the premises-which the debtor has at…

2Cases cited1 opinion

  1. Mathwig v. MannWisconsin Supreme Court · 1897

3Cited by2 opinions

  1. Murphy v. Plankinton BankSouth Dakota Supreme Court · 1900
  2. Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913

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