Farmers' Loan & Trust Co. v. Fisher
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rode County. Tbe complaint in tbis action avers tbe following facts : On tbe 1st of January, 1855, tbe plaintiff was, and ever since bas been, a corporation existing under certain acts of the legislature of New York, (which are set forth by their titles,) and authorized to receive the trusts hereinafter mentioned.
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APPEAL from tbe Circuit Court for Rode County. Tbe complaint in tbis action avers tbe following facts : On tbe 1st of January, 1855, tbe plaintiff was, and ever since bas been, a corporation existing under certain acts of the legislature of New York, (which are set forth by their titles,) and authorized to receive the trusts hereinafter mentioned. On the 1st of July, 1855, and thereafter until August 17, 1860, the Racine & Mississippi railroad company was a corporation authorized to execute the mortgages and trust deed hereinafter mentioned, by virtue of certain statutes of this state and of…
1Opinion of the Court
By the Court,
Dixon, G. J.
The mortgages and deed of surrender under which the plaintiff claims, have been several times under examination before this court. Farmers' Loan & Trust Co. vs. Commercial Bank, 11 Wis., 207; The same vs. The same, 15 Wis., 424; The same vs. Cary, 13 Wis., 110; Dinsmore vs. The Racine & Mississippi R. R. Co., 12 Wis., 649. It follows, we think, from the reasoning of those cases, that the plaintiff acquired an interest in the lands in question by virtue of the mortgage upon the eastern division of the road, although the railroad company did not acquire its interest in…
2Cases cited5 opinions
- Dinsmore v. Racine & Mississippi RailroadWisconsin Supreme Court · 1860
- Farmers' Loan & Trust Co. v. Commercial Bank of RacineWisconsin Supreme Court · 1862
- Farmers' Loan & Trust Co. v. Commercial BankWisconsin Supreme Court · 1860
- Bean v. FisherWisconsin Supreme Court · 1861
- Farmers' Loan & Trust Co. v. CaryWisconsin Supreme Court · 1860
3Cited by5 opinions
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- Williams Mower & Reaper Co. v. SmithWisconsin Supreme Court · 1873