Bolln v. La Prele Live Stock Co.
Wyoming Supreme Court
The mortgage and deed executed to Lambe merely-passed Sprachlen’s equity of Redemption and did not effect Mrs. Bolin’s mortgage. Mrs. Bolin foreclosed her ed to redeem, under either the first or second mortgage, mortgage subject to Lambe’s first mortgage, but Lambe fail-She therefore had a right to possession. Nobody is entitled to possession under Lambe’s first mortgage since it was outlawed.
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The mortgage and deed executed to Lambe merely-passed Sprachlen’s equity of Redemption and did not effect Mrs. Bolin’s mortgage. Mrs. Bolin foreclosed her ed to redeem, under either the first or second mortgage, mortgage subject to Lambe’s first mortgage, but Lambe fail-She therefore had a right to possession. Nobody is entitled to possession under Lambe’s first mortgage since it was outlawed. The deed received by Lambe prior to the issuance of a sheriff’s deed to Mrs. Bolin under her foreclosure, would not incumber Mrs. Bolin’s title. Defendant has no interest in the land whatever except…
1Opinion of the CourtKimball, J.
This is an action under the statute, now § 6236, Wyo. Comp. Stat. 1920, for the recovery of real property. George H. Sprachlen, being the owner of the land in question, gave three mortgages upon it. The first, in 1903, to George I. Lambe, to secure a note for $414; the second, in 1904, to Pauline Bolln, as administratrix, to secure a note for $264; and the third, in 1907, to George I. Lambe, to secure a note for $1681, which included the debt secured by the first mortgage. While the land was thus encumbered, Bolln, as administratrix, the holder of the second mortgage, commenced a foreclosure…
2Cases cited20 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- McNamara v. CulverSupreme Court of Kansas · 1879
- First National Bank of Sheridan v. Citizens' State Bank of DubuqueWyoming Supreme Court · 1902
- Fowler v. FayIllinois Supreme Court · 1872
- Robinson Merc. Co. v. DavisWyoming Supreme Court · 1920
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- Paul v. HarrisWyoming Supreme Court · 1929
- Wakeman v. Board of CommissionersWyoming Supreme Court · 1929
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