Marling v. FitzGerald
Wisconsin Supreme Court
Appeau from a judgment of tbe circuit court for Milwaukee county: Wab.beN D. TabbaNt, Circuit Judge. Action to foreclose a mortgage.
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Appeau from a judgment of tbe circuit court for Milwaukee county: Wab.beN D. TabbaNt, Circuit Judge. Action to foreclose a mortgage. Tbe issues raised by the-pleadings were closed by findings of fact, wbicb may be presented as follows: On March 19, 1903, defendant Charles FitzGerald, the-then owner of tbe premises described in tbe complaint, duly mortgaged tbe same to defendant Herman to secure payment •of said defendant FitzGerald’s note, of like date, for $3,000, •payable to tbe order of said Herman, three years after date, ■with interest at tbe rate of five per cent, per annum, and said…
1Opinion of the CourtMarshall, J.
The foregoing statement presents this proposition: If A. mortgages his property to B. to secure .a loan of money, to be advanced from time to time, knowing that he is a dealer in such securities, B. agreeing to make the advancements at times and in a manner specified, and in harmony with the understanding between the parties placing the mortgage upon record, acquiring the status as to all the world •of being the owner of the securities and a debtor to A. for the money agreed to be advanced, and thereafter B., for value, sells and duly assigns such securities to C., who takes the same without…
2Cases cited29 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Burke v. DulaneySupreme Court of the United States · 1894
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Murray v. LylburnNew York Court of Chancery · 1817
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- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Landis v. White Bros.Tennessee Supreme Court · 1912
- Bell v. City of MilwaukeeDistrict Court, E.D. Wisconsin · 1981
- Karren v. BairUtah Supreme Court · 1924
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