Edler v. Hasche
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. April 10,1884, at Sheboygan, Wis., the defendant Brandt executed to the plaintiff a note for $400, payable November 15, 1884, and a mortgage to secure the same, on lands in Marathon county.
Read the full summary
APPEAL from the Circuit Court for Marathon County. April 10,1884, at Sheboygan, Wis., the defendant Brandt executed to the plaintiff a note for $400, payable November 15, 1884, and a mortgage to secure the same, on lands in Marathon county. About two weeks later Brandt sold the mortgaged premises to the defendant Iiasohe, and they thereupon wrote a joint letter to the plaintiff, stating the fact of such sale and that Iiasohe would pay the mortgage if the plaintiff would send the note, mortgage, and satisfaction to August Schmidt, the register of deeds for Marathon county. The plaintiff…
1Opinion of the CourtCole, C. J.
We are clearly of the opinion that the plaintiff is entitled to have the satisfaction of the mortgage in question canceled of record. It was wrongfully placed upon the record in the first instance. This satisfaction, with the mortgage and note, was sent by the plaintiff to Schmidt, with instructions to deliver them upon payment *657of the mortgage debt. Schmidt had no right or authority to deliver them up to any one, except upon the performance of this condition. If he did so, he acted in his own wrong. It is claimed, that he delivered these securities and the' satisfaction over to Justice…
2Cases cited4 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Steen v. NortonWisconsin Supreme Court · 1878
- Hebel v. Amazon InsuranceMichigan Supreme Court · 1876
- Fritzler v. RobinsonSupreme Court of Iowa · 1886
3Cited by24 opinions
- Phoenix Bridge Co. v. StreetSupreme Court of Oklahoma · 1900
- State National Bank v. LowensteinSupreme Court of Oklahoma · 1915
- Schaller & Son v. MarkerSupreme Court of Iowa · 1907
- Coda v. ThompsonWest Virginia Supreme Court · 1894
- Cream City Mirror Plate Co. v. CoggeshallWisconsin Supreme Court · 1910
19 more not listed; retrieve them via the Exa API.