Pelton v. Knapp
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Foreclosure of a mortgage. In 1852, Joel and Eand'all Whiting and Elias Palmer became liable to one Webster for moneys due bim from tbe defendant Farmin, tbus releasing certain property of the latter from attachment at the suit of Webster;' and Farmin thereupon, to indemnify them, executed to them, June 2d, 1852, the mortgage in suit, conditioned for the payment to them of $1500 on the first of December following.
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APPEAL from tbe Circuit Court for Winnebago County. Foreclosure of a mortgage. In 1852, Joel and Eand'all Whiting and Elias Palmer became liable to one Webster for moneys due bim from tbe defendant Farmin, tbus releasing certain property of the latter from attachment at the suit of Webster;' and Farmin thereupon, to indemnify them, executed to them, June 2d, 1852, the mortgage in suit, conditioned for the payment to them of $1500 on the first of December following. In May, 1854, the mortgagees assigned this mortgage to plaintiff, who alleges that no part of the mortgage debt has been paid.…
1Opinion of the CourtDixon, C. J.
The plaintiff testifies that an arrangement was made at the time he made the first payment, that the mortgage was to be transferred to him, and he was to hold it until he was paid. If such arrangement had been perfected with the mortgagees, or with Randall Whiting, who was one of them, little or no difficulty would have been presented by the case. The plaintiff would then have come in purely in the character of assignee, and, as such, his rights would have been paramount to those of the defendant Daniel B. Knapp under the lien of the judgment in Ms favor. But the inference from the…
2Cases cited4 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Champney v. . CoopeNew York Court of Appeals · 1865
- Downer v. MillerWisconsin Supreme Court · 1862
- Patterson v. PopeCourt of Appeals of Kentucky · 1837
3Cited by3 opinions
- Watson v. WilcoxWisconsin Supreme Court · 1876
- Employes' Building & Loan Ass'n v. CraftonSupreme Court of Oklahoma · 1917
- Greening v. PattenWisconsin Supreme Court · 1881