Hay v. Hill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage of the east half of the northwest quarter of a certain section of land, executed -to plaintiff by one Adams, and alleged to have been recorded July 29, 1847. The defendant Hill answered that he purchased the land in June, 1850, in good faith, for a valuable consideration, and took a valid deed thereof, ■which was duly recorded two days afterward, and that, at the time of such purchase, etc., he had no…
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APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage of the east half of the northwest quarter of a certain section of land, executed -to plaintiff by one Adams, and alleged to have been recorded July 29, 1847. The defendant Hill answered that he purchased the land in June, 1850, in good faith, for a valuable consideration, and took a valid deed thereof, ■which was duly recorded two days afterward, and that, at the time of such purchase, etc., he had no knowledge of the existence of the mortgage in suit, and never had, until November, 1866 ; nor had he any notice of its…
1Opinion of the CourtCole, J.
This case would come within the decision of Shove v. Larsen (22 Wis. 142) if the evidence had shown that the entry in the old index book had been made before the purchase by the defendant HUI, so as to affect him with constructive notice thereof. But it does not. Indeed, it seems impossible' to say, in the absence of all proof upon the point, when the entry was made. It clearly appears upon the face of the book not to have been made when it bears date. For if it had been entered when the mortgage was left for record, then it is obvious it would have been written upon the next ruled line in…
2Cases cited1 opinion
- Shove v. LarsenWisconsin Supreme Court · 1867
3Cited by6 opinions
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Pringle v. DunnWisconsin Supreme Court · 1875
- Lane v. DuchacWisconsin Supreme Court · 1889
- St. Croix Land & Lumber Co. v. RitchieWisconsin Supreme Court · 1889
- Lombard v. CulbertsonWisconsin Supreme Court · 1884
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