Stamnes v. Milwaukee & State Line Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Racine •county: E. B. Beldek, Circuit Judge. Proceedings to determine tbe compensation to be paid on account of land taken for railway purposes.
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Appeal from a judgment of tbe circuit court for Racine •county: E. B. Beldek, Circuit Judge. Proceedings to determine tbe compensation to be paid on account of land taken for railway purposes. Appellant railway company being desirous of constructing its railway track across tbe premises of respondent Jacob Stamnes, wbicb were mortgaged for tbe sum of $6,734.93, principal and interest, to tbe respondent Jane Giitimgs, obtained through tbe former and bis wife tbe following agreement : “Whereas, tbe construction of a railway is contemplated on ■a line wbicb, as now located, crosses tbe land…
1Opinion of the Court
The following opinion was filed October 9, 1906:
Marshall, J.
Counsel for appellant seems to concede, as the fact is, that the mortgage security could not be really im*88paired so as to bind tbe mortgagee by anj mere agreement between tbe railway company and tbe mortgagor, or by any appraisal in condemnation proceedings without substituting for tbat taken a money equivalent, tbe mortgagee having an opportunity to be beard. Tbe taking tbat must thus be made good to the mortgagee obviously covered tbe whole injury to tbe estate,not tbe mere value of tbe strip of land to be occupied by the right of…
2Cases cited14 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Utter v. . RichmondNew York Court of Appeals · 1889
- McMillan v. McDillIllinois Supreme Court · 1884
- Thompson v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Severin v. ColeSupreme Court of Iowa · 1874
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