Carver v. Lassallette
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The case is thus stated by Mr. Justice Taylor: “ This action was brought by the respondents, as trustees of Margaret Livesley, wife of Samuel Livesley, to reform and foreclose a mortgage given by Samuel Livesley to W. I. Garver, personally, and before he was appointed one of the trustees of said Margaret Livesley, to secure the payment of the sum of $500 and interest, which bears date May 20, 1872. The premises upon which the…
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APPEAL from the Circuit Court for Sauk County. The case is thus stated by Mr. Justice Taylor: “ This action was brought by the respondents, as trustees of Margaret Livesley, wife of Samuel Livesley, to reform and foreclose a mortgage given by Samuel Livesley to W. I. Garver, personally, and before he was appointed one of the trustees of said Margaret Livesley, to secure the payment of the sum of $500 and interest, which bears date May 20, 1872. The premises upon which the mortgage was intended to be given, were intended to be conveyed by deed executed by said Samuel and Margaret Livesley to…
1Opinion of the CourtTayloR, J.
The learned counsel for the appellants has presented to this court a very able argument upon the question of the priority of the appellants’ claim as purchasers at the execution sale, over the claim of the respondents as mortgagees, admitting that their mortgage was a valid, subsisting mortgage upon the premises, and was intended to-cover the lands in question in this action. His claim is that as the appellants had no knowledge of the existence of the mortgage now claimed to be a mortgage covering the lands in question, at the time of the sale of the lands upon the judgment in their favor,…
2Cases cited1 opinion
- Carhart v. HarshawWisconsin Supreme Court · 1878
3Cited by6 opinions
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- Rumage v. GullbergWisconsin Supreme Court · 2000
- In Re F. MacKinnon Mfg. Co.Court of Appeals for the Seventh Circuit · 1928
- Northern Bond & Mortgage Co. v. KingCourt of Appeals for the Seventh Circuit · 1928
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
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