Legal Opinion

Harder v. Hosp

Wisconsin Supreme Court

Decided September 20, 1887PublishedCited by 2 opinions

APPEAL from the Circuit Court for Washington County. The case is sufficiently stated in the opinion. They argued that the appellant’s possession of the property was under the mortgage and rightful. The legal title was in him, and the mortgagor had only a right to redeem, which would not entitle him to maintain this action at law. Mowry v. First Nat.

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APPEAL from the Circuit Court for Washington County. The case is sufficiently stated in the opinion. They argued that the appellant’s possession of the property was under the mortgage and rightful. The legal title was in him, and the mortgagor had only a right to redeem, which would not entitle him to maintain this action at law. Mowry v. First Nat. BcmJe, 51 "Wis. 38; Jones on Chattel Mortgages, 684; Holmes v. Bell, 3 Cush. 322; Heyland v. Badger, 35 Cal. 404.' If a tender would have the effect to release the property, no legal tender is shown in this case, nor was the mortgagee bound to…

1Opinion of the CourtCetoN, J.

On the 23d day of September, 1884, the respondent and plaintiff gave to the defendant, Hosp, a note for $800, due in two years, with interest, and, to secure said note, a chattel mortgage _ upon farming products, cattle, horses, farming implements, and many other things, constituting nearly everything the plaintiff had upon a certain farm that he was cultivating and occupying, of the value of over $1,300. In said mortgage there was the usual condition that, upon default of payment or violation of any of the conditions of said mortgage by the said plaintiff, the *290said defendant was empowered to…

2Cases cited1 opinion

  1. Wheeler v. PerelesWisconsin Supreme Court · 1877

3Cited by2 opinions

  1. Rice v. KahnWisconsin Supreme Court · 1887
  2. National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Court of Appeals for the Seventh Circuit · 1902

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