Durbin v. Shenners
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Tbis is an action brought by Durbin June 15, 1903, upon a promissory note for $1,300 alleged to have been executed by the defendant April 7, 1900, payable three years after date to the order of Henry Herman, and transferred by him to the plaintiff December 12, 1901. The defendant by answer specifically denied that he ever executed the note in suit.
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Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Tbis is an action brought by Durbin June 15, 1903, upon a promissory note for $1,300 alleged to have been executed by the defendant April 7, 1900, payable three years after date to the order of Henry Herman, and transferred by him to the plaintiff December 12, 1901. The defendant by answer specifically denied that he ever executed the note in suit. Further answering, he alleged the following facts: That he executed a note of like tenor and date to Henry Herman, secured by a mortgage on certain…
1Opinion of the CourtWiNsnow, J.
The facts appear to be complicated, but are in fact quite simple. Shenners, having record title in fee to the land in question, mortgaged it to' Herman to secure his note for $1,300, and the note and mortgage came into the hands of the plaintiff as an innocent purchaser in due course. After the execution of the mortgage he deeded the land to Mindeman, with a covenant of quiet enjoyment as-against all persons claiming under him, and the deed was *138duly recorded.- Mindeman then mortgaged the land to secure his own note of $6,500, and this note and mortgage were transferred to Thorpe and…
2Cases cited2 opinions
- Wright v. SperryWisconsin Supreme Court · 1867
- Falkner v. WoodardWisconsin Supreme Court · 1899
3Cited by2 opinions
- Hannan v. HarperWisconsin Supreme Court · 1926
- Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921