Erwin v. Lewis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Action to foreclose a mortgage executed by tbe defendant Crow to one White, December 1, 1869, to secure tbe payment of a part of the purchase money for tbe mortgaged premises. Tbe mortgage was duly assigned to the plaintiff. On tbe 21st day of tbe same month, and before the mortgage was recorded, Crow conveyed tbe mortgaged premises to one Aclcerman, who recorded bis mortgage on tbe same day.
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APPEAL from tbe Circuit Court for Fond du Lac County. Action to foreclose a mortgage executed by tbe defendant Crow to one White, December 1, 1869, to secure tbe payment of a part of the purchase money for tbe mortgaged premises. Tbe mortgage was duly assigned to the plaintiff. On tbe 21st day of tbe same month, and before the mortgage was recorded, Crow conveyed tbe mortgaged premises to one Aclcerman, who recorded bis mortgage on tbe same day. Ackerman knew of the existence of tbe mortgage to White when be took such conveyance. White recorded his mortgage on tbe next day. Ackerman conveyed…
1Opinion of the CourtLyon, J.
Tbe judgment of tbe circuit court cannot be sustained. Ackerman was not a bona fide purchaser of tbe mortgaged premises, and tbe conveyance by Crow to bim did not vest in him a title thereto paramount to tbe mortgage. The recording of tbe mortgage before the conveyance to Mrs. Lewis was recorded, gave the mortgage priority over such conveyance, and it is entirely immaterial that she did not know that her grantor was not a bona fide purchaser of tbe premises. When she found tbe mortgage on record, which is of older date than tbe deed to Ackerman (although the deed was first recorded), this was…
2Cases cited1 opinion
- Fallass v. PierceWisconsin Supreme Court · 1872
3Cited by3 opinions
- Parrish v. MahanySouth Dakota Supreme Court · 1897
- Bur v. BongWisconsin Supreme Court · 1915
- Mueller v. BrighamWisconsin Supreme Court · 1881