Allison v. Manzke
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action was commenced March 22, 1901, to foreclose a mortgage executed September 7, 1894, by the defendants Frank Kosecki and wife, to one Henry Herman, upon the lands described, and which mortgage was recorded in the register’s office September 13, 1894, and was given to secure a promissory note for $2,500, executed by the said Frank Kosecki, to the said Herman at the…
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action was commenced March 22, 1901, to foreclose a mortgage executed September 7, 1894, by the defendants Frank Kosecki and wife, to one Henry Herman, upon the lands described, and which mortgage was recorded in the register’s office September 13, 1894, and was given to secure a promissory note for $2,500, executed by the said Frank Kosecki, to the said Herman at the same time .as the mortgage, payable three years from that day, with interest semiannually at six per cent, per annum. The…
1Opinion of the CourtCassoday, C. J.
It is conceded that the two Hahn mortgages were executed six days prior to the date of the Herman mortgage. It is conceded that the Herman mortgage was re: corded one day prior to the recording of either of the Hahn mortgages. It is also conceded that each of the three mortgages covers and includes the same premises. The question to be determined is whether, by virtue of the statutes, the liens of the Hahn mortgages are subject and subordinate to the lien of the Herman mortgage by reason of the last-named mortgage having been first recorded. The statute declares that:
“Every conveyance of real…
2Cases cited4 opinions
- Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
- Kinney v. KruseWisconsin Supreme Court · 1871
- Parmalee v. WheelerWisconsin Supreme Court · 1873
- Trompczynski v. StruckWisconsin Supreme Court · 1900
3Cited by8 opinions
- Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1990
- Pacific Finance Corp. v. HendleyCalifornia Court of Appeal · 1930
- Emmanuil Moutsopoulos v. American Mutual Insurance Company of Boston, a CorporationCourt of Appeals for the Seventh Circuit · 1979
- City Bank & Trust Co. of Portage v. Don's Electric, Inc. (In Re Don's Electric, Inc.)United States Bankruptcy Court, W.D. Wisconsin · 1986
- Gould v. JacksonWisconsin Supreme Court · 1950
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