Wickes v. Lake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Foreclosure of mortgage of one hundred and sixty acres of land, executed February 7,1854, by one Eliza McCune to the Milwaukee & Horicon Railway Company, and subsequently, before due, negotiated to the plaintiff. In 1849, Jane McCune, owning a warrant for 160 acres of land, requested her brother, John McCune, to enter for her the land here in question; and he did enter it with said warrant, but in his own name.
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APPEAL from the Circuit Court for Fond du Lao County. Foreclosure of mortgage of one hundred and sixty acres of land, executed February 7,1854, by one Eliza McCune to the Milwaukee & Horicon Railway Company, and subsequently, before due, negotiated to the plaintiff. In 1849, Jane McCune, owning a warrant for 160 acres of land, requested her brother, John McCune, to enter for her the land here in question; and he did enter it with said warrant, but in his own name. At the same time he entered in his own name an adjoining 160 acre tract, with a warrant belonging to Eliza McCune, who was also…
1Dissent
Dixoít, C. J.,
dissenting. The question of notice, in cases of this nature, is a question of fraud, or bad faith. It stands upon the ground of fraud and bad faith in the subsequent mortgagee or purchaser for value; and equity never interferes to deprive him of the benefit of the legal title, except upon that ground, the proof of which must be most clear.and satisfactory against Jiim. It is not *81enough, that the proof raises a strong suspicion of guilt; but the guilty knowledge must be proved, or in lieu thereof, knowledge of sucli other facts and circumstances as. will charge the purchaser with…
2Cases cited14 opinions
- Grimstone v. CarterNew York Court of Chancery · 1831
- Cook v. . TravisNew York Court of Appeals · 1859
- Smith v. YuleCalifornia Supreme Court · 1866
- Parker v. KaneWisconsin Supreme Court · 1856
- Fort v. BurchNew York Supreme Court · 1849
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