Pringle v. Dunn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action commenced in Columbia county, August 24, 1863, to foreclose a mortgage alleged to have been executed by the defendants, Andrew Dunn and wife, to the La Crosse & Milwaukee Railroad Company upon the northeast quarter of the southeast quarter of section six, township twelve north, of range nine east, in Columbia county, to secure one of the bonds of said company for $5,000 payable Jan. 1, 1864; said mortgage bearing…
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APPEAL from the Circuit Court for Milwaukee County. Action commenced in Columbia county, August 24, 1863, to foreclose a mortgage alleged to have been executed by the defendants, Andrew Dunn and wife, to the La Crosse & Milwaukee Railroad Company upon the northeast quarter of the southeast quarter of section six, township twelve north, of range nine east, in Columbia county, to secure one of the bonds of said company for $5,000 payable Jan. 1, 1864; said mortgage bearing date April 11, 1854, and alleged to have been recorded on that day in the office of the register of deeds for Columbia…
1Opinion of the CourtCole, J.
Before approaching the legal questions involved -in this case, it is necessary to determine a question of fact. And that is, Does the evidence show that the mortgage sought to be foreclosed was properly attested when first left at the office of the register, so as to entitle it to record ? There is considerable testimony in the case which tends strongly to prove that the mortgage had no witnesses when it was recorded. And the court found as a fact that the mortgage was not sub-scnbed by the witnesses, Baker and McFarlane, at the time of its execution and before it was transcribed upon the…
2Cases cited13 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Parker v. KaneWisconsin Supreme Court · 1856
- Stevens v. HamptonSupreme Court of Missouri · 1870
- Ely v. WilcoxWisconsin Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Wittenbrock v. ParkerCalifornia Supreme Court · 1894
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Smith v. HenningWest Virginia Supreme Court · 1877
31 more not listed; retrieve them via the Exa API.