Wickes v. Lake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Foreclosure of mortgage of one hundred and sixty acres of land, executed February 7,1854, by one Eliza McCune to the Milwaukee & Horicon Railway Company, and subsequently, before due, negotiated to the plaintiff. In 1849, Jane McCune, owning a warrant for 160 acres of land, requested her brother, John McCune, to enter for her the land here in question; and he did enter it with said warrant, but in his own name.
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APPEAL from the Circuit Court for Fond du Lao County. Foreclosure of mortgage of one hundred and sixty acres of land, executed February 7,1854, by one Eliza McCune to the Milwaukee & Horicon Railway Company, and subsequently, before due, negotiated to the plaintiff. In 1849, Jane McCune, owning a warrant for 160 acres of land, requested her brother, John McCune, to enter for her the land here in question; and he did enter it with said warrant, but in his own name. At the same time he entered in his own name an adjoining 160 acre tract, with a warrant belonging to Eliza McCune, who was also…
1Opinion of the CourtCole, J.
There would not seem to be any serious difficulty in affording proper relief to LaTce and Palmer in this action, if it appears that they were the equitable owners of the mortgaged premises when the mortgage was executed, and had such possession as would operate as notice to the mortgagee or his assignee of their title. That there was a mistake in the description of the land in each of the conveyances executed by John McCune to his sisters is established by the most satisfactory evidence. The mortgaged premises embraced in.the mortgage of Eliza should have been conveyed to Jane. She was really…
2Cited by25 opinions
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Brunson v. BrooksSupreme Court of Alabama · 1880
- Coe v. ManseauWisconsin Supreme Court · 1885
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