Miller-Piehl Co. v. Mullen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit. Judge. Prior to October, 1914, the defendant Ellen McCormick was the owner of forty-five acres of land in the town of Oneida, Outagamie county, upon which was a mortgage of $2,500. In October, 1914, her husband, M. L. McCormick, who appears to have managed to a considerable extent her business affairs, commenced the erection of a dwelling upon one corner of said tract of land.
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Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit. Judge. Prior to October, 1914, the defendant Ellen McCormick was the owner of forty-five acres of land in the town of Oneida, Outagamie county, upon which was a mortgage of $2,500. In October, 1914, her husband, M. L. McCormick, who appears to have managed to a considerable extent her business affairs, commenced the erection of a dwelling upon one corner of said tract of land. Building material was furnished by the predecessor and assignor of the plaintiff company to the extent of $887.96 and used in…
1Opinion of the Court
The following opinion was filed November 4, 1919:
Eschweiler, J.
It appears without dispute that at the time of the execution of the mortgage of March 18, 1916, foreclosed in this action, the plaintiff’s assignor had actual kfiowledge of the fact that the Mullens were in possession of the house and premises included in such mortgage, and in the lien filed in June, 1915, and in the renewal thereof in the following November the defendants Mullen, as well as the defendants McCormick, were named as being the owners of said premises.
There is some confusion and uncertainty as to just what was the…
2Cases cited12 opinions
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Bennett v. KeehnWisconsin Supreme Court · 1886
- Smith v. GaubNorth Dakota Supreme Court · 1910
- Bailey v. HullWisconsin Supreme Court · 1860
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3Cited by3 opinions
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Miller v. Lemon Tree Inn of Wilmington, Inc.Court of Appeals of North Carolina · 1978
- Carl Miller Lumber Co. v. MeyerWisconsin Supreme Court · 1924