Rowell v. Williams
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County Action to foreclose a mortgage. The answering defendants were Margaret Williams, administratrix with the will annexed of Robert Williams, and Betilah Van Bv/ren, the holder of a prior mortgage. The mortgagors did not answer.
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APPEAL from the Circuit Court for Columbia County Action to foreclose a mortgage. The answering defendants were Margaret Williams, administratrix with the will annexed of Robert Williams, and Betilah Van Bv/ren, the holder of a prior mortgage. The mortgagors did not answer. The trial court found in effect the following facts: On the 30th of November, 1858, Robert Davies, being the owner, and, with his wife, in the occupancy and possession, of the W. J of the N. E. J and the S. E. J of the N. E. J of section 24, township 13 north, of range 11 east, in Columbia county, executed a note for $470,…
1Opinion of the CourtCassoday, J.
Section 2241, R. S., and section 25, eh. 86, R. S. 185S, from which it was taken, only protect subsequent purchasers in good faith for a valuable consideration, and not those who purchase with the knowledge of an outstanding unrecorded conveyance. In such case, to purchase in good faith is to purchase without knowledge of the outstanding incumbrance, or any information sufficient to put the purchaser upon inquiry. Mueller v. Brigham, 53 Wis., 173. There can be no question, that the term “conveyance,” as used in that section, includes a mortgage. Section 2242, R. S., and section 35, ch. 86, R.…
2Cases cited1 opinion
- Mueller v. BrighamWisconsin Supreme Court · 1881
3Cited by5 opinions
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